Mediation: “The insertion of a human buffer between people who need assistance to interact with each other.” This definition speaks to the three core issues facing the mediator every time they enter a session. Human: to what degree does the mediator insert their own humanity into the process of mediation. Interact: to what degree does…
I hope you are fine. Obviously, I write this blog at home, where I am with my family. We are all healthy, but we try to adapt to this situation, to stay isolated to protect ourselves and those around us. As if the Earth stopped spinning, everyone stopped doing everything and most of all, it…
Public Service Warning: Some may find the contents of this entry a little too “funky” for their liking. The ideas within may challenge your concept of notions of human autonomy. If so, I recommend you move on. Nothing to see here. If you are still reading, thank you for staying. For readers who are new,…
I am very glad to start today a 4 posts serie with my fellow Gustavo Carneiro, a lawyer and mediator who holds a Public Policy degree, analyzing the new brazilian General Data Protection Law, which will come into force in August 2020 and its application for ODR. Online Mediation and other ODR methods are getting…
Anyone managing international business disputes needs to understand the Singapore Convention on Mediation. Not just its terms and limitations, but the reasons why certain matters are included and why others are omitted, as well as how to interpret and apply it. All mediated business settlements with an international angle that are concluded from now on…
“The ground is so wet; it wasn’t like this in the past. We can’t get started on this year’s soil preparation.” In a recent mediation involving farmers, this was the response to my early inquiry about how things were going, generally. These days, I find that the topic of climate change and its effects arises,…
“For as long as our records go back, we have held these two things dear, landscape and memory. Each infuses us with a different kind of life. The one feeds us, figuratively and literally. The other protects us from lies and tyranny. To keep landscapes intact and the memory of them, our history in them,…
Mediation and conflict management often require the design of complex processes that might involve different interventions with different parties or stakeholders over considerable time. Consider mediation in the planning stages of public projects or mediation and facilitation involving communities involved in claims for compensation against governments or companies. Or consider mediation inside organisations, in which…
In his blogpost of December 2019, Alan Limbury gives us a thoughtful reminder of the history and background to the GPC. I too was in the audience at London’s historic Guildhall on October 29, 2014, when IMI gathered together users of mediation, lawyers, mediators, academics and others involved in dispute resolution processes and began an…
The Singapore Convention on Mediation makes clear that international mediated settlement agreements (iMSAs) may be used as a sword or invoked as a shield in judicial or arbitral proceedings (defence). In the post-Singapore Convention world, lawyers are looking closely at the extent to which courts may recognise settlement agreements, especially mediated settlement agreements, as a…
