According to the Chinese Lunar calendar, yesterday (1 October 2020) was the Mid-Autumn Festival, commonly known as the Moon Festival in the West. With more Chinese living in different parts of the world, the Moon Festival has been receiving more attention, and gradually, it is becoming a popular festival everywhere as we all like to…
Settlement agreements reached through mediation are mere contracts and not court decisions. As such, and in the absence of a statutory framework, enforcement of mediated settlements can only be carried out voluntarily by the parties. Failing which, the aggrieved party must enter into a court or arbitral process through which the defaulting party is compelled…
The process of discerning what to write about in a blog is interesting. Sometimes inspiration comes quickly. On other occasions, there is a barren wilderness, or a hotchpotch of half-formed ideas. This month feels like the last of these. I thought to write about a really excellent new book by the Oxford economists, Paul Collier…
“As we plan our recovery from the coronavirus pandemic, we have a profound opportunity to steer our world on a more sustainable and inclusive path – a path that tackles climate change, protects the environment, reverses biodiversity loss and ensures the long-term health and security of humankind.” António Guterres, Remarks to Petersberg Climate Dialogue, [28…
I say regularly that students make the best teachers. My students continue to prove me right. In my recent ADR program I confessed to my undergraduate students that having a conversation about culture was something that made me very anxious. I feel poorly prepared and I fear, with the best intentions, causing offence and appearing…
Hot off the heels of the Singapore Convention, The Singapore International Mediation Centre (SIMC) and the Japan International Mediation Center (JIMC) on 12 September 2020 signed a Memorandum of Understanding to operate a joint protocol that provides cross-border businesses, including companies along the Singapore-Japan corridor, with an economical, expedited and effective route for resolving commercial…
“Adi, I will be honest with you. When my lawyer suggested to try and mediate this case, I had no idea what she was talking about. At the time, I was blinded by fury and all I wanted to do was to teach my wife a lesson, given all the pain she caused me. I…
On this day, the Singapore Convention on Mediation comes into force. You can view the ratification ceremony here.. At the time of writing, there are 53 State Parties to the Convention, six of which have ratified it (Singapore, Fiji, Qatar, Saudi Arabia, Belarus and Ecuador). Qatar was the third signatory State Party to deposit its…
I wrote this piece for Strathclyde Mediation Clinic after a series of conversations with new and learner mediators. Some surprised me with their passivity in the face of parties’ lack of knowledge or understanding. After some probing I learned that many new mediators recognise the problem but believe the model they were taught prohibits them…
The Brazilian Mediation Act (Law 13140/2015) establishes that “the object of mediation may be a dispute over “disposable” (transferable or waivable) rights or non-disposable, non-waivable rights which are able to be negotiated” (art. 3). In this sense, we wonder if mediation will be available to all the new conflicts that will emerge from the new…
