This series of blog posts explores investment mediation from a variety of angles. In part one, we explore how to determine whether—and when—mediation is an appropriate option for resolving an investment dispute. Part two elaborates on what mediation is—and how it works—in the context of investment disputes. Part three outlines the primary differences between mediation…
Readers of the Kluwer Mediation Blog may notice that the first batch of blog entries of Kluwer Mediation Blog (KMB) were posted by Michael Mcllwrath, Michael Leathes, Geoff Sharp, Ales Zalar with Eleanor Taylor writing a welcome note on behalf of Kluwer Law International and the Introductory Post from the Co-Editors (Introductory Post) by Bill Marsh…
For a while now some of my mediations and facilitations have been taking place again in physical spaces, while others remain virtual, as does most of my teaching and training. The effects of Corona are still very much determining how people come together to work. Having got used to the virtual world, I am now…
As mentioned in my last blog , the UK Civil Justice Council, in its June 2021 Report on Compulsory ADR , endorsed the idea, contrary to the ruling in the notorious Halsey case, that unwilling parties in dispute may lawfully and appropriately be compelled to participate in a DR process such as mediation. (As an…
After completing the mediation process, it is always helpful to receive feedback from participants. The quality of the mediation services we provide is directly related to our ability to draw lessons from feedback from participants and incorporate them into our practice. In this way, the chances of having good results, satisfied participants and future recommendations…
As we approach the end of Rosh Hashanah celebration, I decided to write about a book I love and gives name to this post: “The Jewish Secret of Problem Solving” by Rabbi Nilton Bonder. In the meantime, to my surprise I was lucky to learn that Constança Madureira , one of my partners at Mediar360,…
In this blogpost, I interview Alesia Ehrhardt on the uses of mediation in business and start-ups, and on her success as a coach at the recent IBA-VIAC International CDRC Mediation and Negotiation Competition. Alesia studied at Technical University of Applied Sciences Wildau, Germany, where she participated in several courses I taught. You are a “venture…
Attending Harvard’s Program on Negotiation has been life and career changing for many of us – influencing careers in negotiation, mediation and coaching amongst others. ‘Getting to Yes’, first published in 1981 (and never out of print since) was the text accompanying the program, and I read it from cover to cover. I missed the…
“Humanity has outsmarted itself. With its ingenuity, this tribal ape has created a world its tribalism can’t manage. We know this…But the knowledge is not enough.” So began Martin Wolf in a recent article in the Financial Times following a meeting of the finance ministers of the G20 – one of the institutions created to improve…
While it is obvious that law is significant in legal disputes, how the law is used is not so obvious. This piece uses Oliver Wendell Holmes’s famous definition of the law as “prophecies of what the courts will do in fact,” rather than rules expressed in statutes, case law etc. It discusses two aspects of…
