ADR, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, lawyers in mediation, Leadership, Mediation and Society, Mediation Practice, Practical Challenges for Mediators, Promoting Mediation, Transformation
Business, Commercial Mediation, cross-border mediation, Cross-cultural, International commercial mediation, International Mediation, Mediation Outcomes, Mediation Practice, War Stories
Navigating Disputes on the High Seas: Why Maritime Mediation is Close to My Heart
A Case to Remember: A Voyage Charter Dispute In 2024, I mediated 72 cases, but one stood out in particular—a voyage charter dispute involving the loss of cargo during severe weather. It resonated with me not only because of its complexity but also because it touched on a type of dispute I find especially engaging:…
Games and Relationships: The Art of Knowing When to Stop
With the arrival of betting platforms and apps in Brazil, discussions about their impacts are on the rise. These games, which promise quick fun, and easy rewards, often trap players in a dangerous mental loop: the myth of the next move. It is the illusion that just one more round will recover all previous losses….
Causes of Conflict, Cognitive Bias, Communication, Cooperation, Decision making, Dialogue, Dispute Resolution, Future of mediation, Mindset, Negotiation, Reflective Practice, Scotland, Transformation
Are We Regressing from Getting to Yes?
“Beat your ploughshares into swords, and your pruning-hooks into spears.” Surely some mistake, I thought; shouldn’t it be the other way round? Swords into ploughshares and spears into pruning-hooks? It was during Evensong at the magnificent Liverpool Cathedral a few weeks ago that this reading from the Old Testament Book of the prophet Joel caught…
Born to Run and Negotiate
This is the third installment in my ongoing project to compile a list of five books every negotiator and mediator should read. As stated in my previous blogs, the aim is not to focus on titles directly related to negotiation or mediation, like Getting to Yes by Roger Fisher and William Ury or The Mediation…
Who let the dogs out?
My attention was drawn recently to a chart illustrating an article in the Financial Times, which showed higher levels of zero sum thinking among those whose early adult years corresponded to a slow-down in economic activity. The degree of zero sum thinking was on a scale of 0-100 where 100 = “Wealth can grow so…
Brazil’s New Chapter in Labor Conflict Resolution: The CNJ Resolution 586
In September 2024, the National Council of Justice (CNJ) in Brazil approved Resolution No. 586, marking a significant step forward in labor conflict resolution. This development builds on the country’s ongoing efforts to modernize its labor laws, as I discussed back in 2018 when I highlighted the need for a more efficient, consensual approach to…
I thought I had said goodbye to Disney’s FROZEN but…
As you read this, put your hand up if you are a parent, grandparent, uncle, aunt or anyone who regularly spends time in the company of young children. If you fall into this category (and it probably covers most of you who are reading this) you are almost certain to have experienced the phenomenon of…
Commercial Mediation, EU Mediation Directive, Future of mediation, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), Opt-Out, Workplace Mediation
The Italian Opt-Out Model: A Soft Mandatory Mediation Approach in Light of the Recent CJUE Decision
This post was drafted by Leonardo D’Urso, Julia Radanova, and Constantin Adi Gavrila. Introduction In the variegated landscape of European legal systems, mediation has often been overshadowed by traditional litigation. Yet, the winds of change are blowing, particularly with the emergence of soft mandatory mediation models. Among these, Italy’s opt-out model stands as a beacon…
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Mediation in Georgia: an Interview with Irakli Kandashvili
Nadja: Irakli , thanks for making the time for this chat. Before we start, can you say a little bit about your role in mediation in Georgia and the region?Irakli: Thank you for inviting me and expressing interest towards Georgian mediation. I hold several roles in the development of mediation in Georgia: as the Chairman…