As I mentioned before in some posts here at Kluwer, according to the Brazilian National Council of Justice, there are close to 90 million lawsuits currently in course in the country. Moreover, on average, it takes around 10 years for a lawsuit to reach closure if all appeals have been exhausted. Interestingly enough , one…
Soon after I started mediating, a client said “This must be a really satisfying job, when it’s successful.” I remember thinking it’s really satisfying even when it isn’t. This was my first glimpse of a question that has fascinated me ever since: what makes mediators tick? Why would anyone place themselves in midst of other…
In the realm of mediation, the path to resolving conflicts is multifaceted, requiring a mediator to navigate not only the external disputes but also their inner world. This intricate dance often calls for self-awareness, an understanding of personal biases, and a steadfast emotional equilibrium. In our exploration of these facets, we find a source of…
In today’s ever-changing world, the pursuit of social peace and harmony remains a fundamental goal. One of the United Nations’ Sustainable Development Goals (SDGs), Goal 16, specifically focuses on promoting peace, justice, and strong institutions. This goal reflects the global commitment to fostering societies that are just, peaceful and inclusive. In this article, we will…
Unless we ourselves are involved, whether as mediators, advisors, parties or support persons, we do not often find out what happened in a mediation because communications between the participants are predominantly confidential and “without prejudice”, so evidence of who said what to whom is inadmissible in court proceedings. One of the few exceptions in New…
Ongoing debates about the introduction of mandatory mediation (UK and Bulgaria) or widening the scope of mandatory mediation (Italy, Turkey, and India) prove the relevance of this topic across the EU and beyond. Mandatory mediation is no longer solely a categorical statutory referral to mediation but is rather evolving into an increasingly diverse range of…
“All the world’s a stage, and all the men and women merely players” In his ‘untold history’ – “The Earth Transformed” Peter Frankopan charts the way in which the natural environment has shaped human history and more recently how humankind has in turn begun to influence the natural environment. In his conclusion he builds on…
The inspiration for this month’s post came from the recently released news on social media, which attracted a lot of attention because it involved the mediation carried on during the divorce process of a famous couple. This mediation procedure has been questioned and has generated a lot of debate in the mediation community. My comments…
Originated in Hong Kong, the “Mediate First” movement is gaining momentum in and beyond the city, with individuals, organisations and businesses acknowledging the benefits of exploring mediation as the first step in resolving disputes, which include time and cost savings, reduced stress, more autonomy and confidentiality. What is “Mediate First” Pledge? The “Mediate…
Repetition works. It is a passive, effective tool of persuasion. It features heavily in the online marketing of programs for business leaders and, (as I am reminded as I endure another round of parliamentary elections in my country) in the fear-inducing speeches of politicians desperate to avoid an election loss. A Google search of ‘The…
