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…

The inspiration to write this article came from a film I watched recently – The Whale – starring Brendan Fraser, who plays an obese man leading an extremely sedentary life. In my opinion, his character’s (Charlie) physiognomy is one of the elements that captures the story narrative. Again, the inspiration to write the article, after…

Every year since 2004, this competition has brought together law students, coaches and mediation professionals from around the world. The competition provides the opportunity for the students to demonstrate and improve their negotiation skills, a subject not taught to undergraduates of my generation. It also brings together numerous mediation professionals in a collegiate environment. In…

My participation in the Singapore Convention Week (SC Week, August 2022), at the invitation of the Singapore Minister of Justice and the UNCITRAL Academy, has raised my awareness about the advantages of co-mediation. As I mentioned in my previous post, among several relevant topics discussed on our panel , the one related to the benefits…

Today’s mediation scenario embraces a wide range of circumstances in which disputants of all kinds find themselves engaging with a mediator. Once it became apparent to lawyers and arbitrators that mediation could not be dismissed as a passing fancy, judges in various jurisdictions who were concerned to improve the judicial system to make it “just,…