Last week, former British Prime Minister Tony Blair said in a television interview that he had just made his 71st trip to the Middle East in the three or four years that he has been envoy for the group of four – EU, UN, Russia and the US. He is of course acting as a…
Australia is passing legislation encouraging parties to most forms of civil disputes to take genuine steps to resolve their dispute prior to commencing litigation. The idea came from a report of NADRAC (National Alternative Dispute Resolution Advisory Council) of which I am the new Chair. NADRAC advises the Commonwealth Attorney-General and has been in existence…
We are in the midst of the Rugby World Cup 2011 down here in New Zealand – which may not mean much to those nations not playing the ‘great game’ but the tournament is the 3rd largest global sporting event after the FIFA World Cup and the Olympics so you can only imagine the impact…
1. Unlike the arbitral process where courts strive to distinguish between the concepts of a private process and a confidential process, the mediation process is indisputably and inherently confidential. But what happens if one party breaches this confidentiality during the mediation? In formal terms, can the act by one party in breach be treated as…
Plastered onto the rear fender of my next-door neighbor’s Honda is a bumper sticker that asks, “If you can’t change your mind, are you sure you still have one?” It’s a cheeky question perhaps, but nonetheless a relevant one. With an election year coming up in 2012, the American presidential campaign season is in full…
CNJ, the National Justice Council created on December 31st, 2004, and set up on June 14th, 2005 is an organization of the Brazilian Justice Department, with headquarters in the Federal District. It covers the whole national territory aiming at the coordination, administrative control and improvement of public services as far as Justice is concerned. Its…
I want to debunk two myths about mediation. One, it need not always involve a neutral third party and second, mediation should not just be an institutionalised service or enshrined within law and business school curriculum, it should be a way of life and the first thinking in everyday living; a philosophy that shapes everyone’s…
As this is my first post to the new Kluwer Mediation Blog I thought it appropriate to take a moment to introduce myself and provide a brief summary of my background and experience. My intent is that this will assist the reader (clients, lawyers, other mediators, academics, students and innocent bystanders who have chanced upon…
As an effect of the Romanian Mediation Law and the EU Directive, for the past years, the mediation profession is growing exponentially in Romania. To date, seven or eight thousand mediators took the basic training and almost three thousand became authorized by the Romanian Mediation Council while the other five thousand were mainly interested in…
The economic challenges facing society have finally hit the civil justice system. Courthouses have seen huge cutbacks, and San Francisco has all but shutdown civil jury trials. No one thought this was going to happen to such a venerable institution as the jury system, but in these difficult times, nothing is sacred. Reduced budgets translate…
