Since so much communication at work and home has gone online through the Covid lockdowns we have been witnessing a whole new vocabulary of everyday life. As much of this communication is likely to stay online, it pays to take a critical look at the vocabulary we are using. It is fairly straightforward to find…
Given the confidential nature of mediation, it is a rare set of circumstances that allow us to catch a glimpse into the mediator’s craft. The current review of the professional standards governing Australia’s accredited mediators provides one such opportunity, The review seeks, to the extent permissible, to uncover what practitioners are actually doing, including the…
On 29 January 2021, the European Union and Canada adopted four decisions providing for specific rules regarding the Investment Court System (“ICS”) agreed in the 2016 EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). One of them includes the Rules for Mediation. See: general facts about CETA. The CETA was signed on 30 October 2016, and…
Given Peter Drucker’s memorable observation, how valuable an asset is trust in shaping a culture? What role could mediators play in strengthening it? From a purely economic perspective there appears to be a strong relationship between levels of trust and output per head (as the chart below from ‘Our World in Data’ demonstrates). As with…
“Managing a Client’s expectations and advising them on a course of action turned out to be far more difficult than negotiating with the other Party.” So wrote newly-minted Indian lawyer Varsha Manoj about her experiences negotiating with her clients. Many lawyers in the US and other countries undoubtedly have similar experiences. Legal clients often experience…
In a few weeks’ time I will come to the end of a two-year mediation engagement in South Eastern Europe. The conflict in question relates to environmental pollution. The issues are complex and heavily contested, and there are many stakeholders – government, city authorities, environmental groups, investors and business, to name a few. It has…
On 28 August 2010, the Standing Committee of the National People’s Congress promulgated the People’s Mediation Law of the People’s Republic of China (“Mainland China”). The People’s Mediation Law came into effect on 1 January 2011. Those who are familiar with the latest ADR development of Mainland China know that People’s Mediation is not the…
In this interview, Dr. Frank Gerhards shares his experience in using mediation proceedings to successfully resolve an active ingredient patent dispute between two major crop protection companies. Dr. Frank Gerhards is a qualified German patent attorney and representative before the European Patent Office, employed with Bayer Intellectual Property (BIP) since 2006 and group leader since…
Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…
“We’ve come a long way since we last shook hands Still got a long way to go” “Come a Long Way”, Kate McGarrigle & Louden Wainwright III performed by Kate & Anna McGarrigle and others (including Kate and Louden’s children, Martha and Rufus Towards the end of last year, we took our 13-year-old granddaughter and…
