At this time of year, it is good to reflect, to look back, and also to look forward. This is not always easy as we sense the clutter and complexity of life crowding in on us. I have had the uneasy experience in the past few weeks of clearing out the Core office, our administrative…
A mediation ended without amicable agreement. The parties had reached that understanding only. It had taken several sessions over several weeks, with plenty of recrimination about the past that further damaged already damaged relationships. At least there was clarity. The consequences were clear too. It was not the preferred solution. What did this do with…
Reading Alan Limbury’s post last week on the value of the partisan challenged my thinking. Like all good challenges it provoked scrutiny of what I do as a mediator and where I consider I add value. As Alan’s partner in life and work it was particularly valuable to debrief his experience with him in greater…
Setting the scene Having participated in mediations only as a mediator, trying to be polite and respectful while appearing to be confident when actually terrified, I recently found myself participating in a mediation as a supporter of one of the parties, a friend of mine in a difficult situation. Engaging with the mediator The mediator…
To what extent do we have control over our future? There is a lively debate among philosophers, neuroscientists and others (summarised in an article by Oliver Burkman) about the degree to which free will exists, or whether what happens to us is predetermined by what has gone before. Burkman concludes his article with the reminder that:…
This series of blogs posts explores investment mediation from a variety of angles. In this third installment, we explain the primary differences between mediation and conciliation at ICSID. In part one, we explore how to determine whether mediation is an appropriate option for resolving an investment dispute, while part two looked at what mediation is—and…
Dear Young Mediation Enthusiast, Last December, I sent you a letter and shared three topics of mediation, namely, (1) qualifications; (2) practice and marketing; and (3) training, with you. Thank you for keeping in touch with me despite the pandemic. I am glad that you are still keen to start your mediation practice. Your further…
On the 16th of November 2021, Ukraine has finally enacted the Law on Mediation as Rafal Morek has already written. Ukraine was perhaps the last country of the post-Soviet block to do so. It took more than 10 years and 14 official drafts registered at the Parliament, and enormous work of the mediation community to…
by Dr. Michael Komuczky, attorney at law at Lansky, Ganzger, Goeth, Frankl + Partner (Vienna, Austria), and Sima Ghaffari, ICC YAF Representative and associate at Ferdowsi Legal (Tehran, Iran) There has been a significant increase in the debate on multi-tiered or hybrid dispute resolution clauses, as can be seen in this Blog or the Kluwer…
When I was recently asked to say something about the “future of mediation” for International Mediation Awareness Week, with a focus on dispute resolution and culture, I first got my crystal ball out of the cupboard, dusted it down, and had a good stare into it. Unfortunately, it wasn’t working very well and I was…
