‘A bird in the hand is worth two in the bush’ is thought to originate from mediaeval falconry! There are a number of variations on the theme – apparently in central Europe the saying is ‘a sparrow in the hand is worth a pigeon on the roof’! A number of cognitive biases are at play…
“Hi, I’m Rick. I’m your mediator for today. I can’t decide what happens in this dumb dispute or how you resolve issues. My job is just to help people who are incapable of resolving conflict, like yourselves, find areas that you can agree on. That means I get to control what appears in the messages,…
Mediation has found increased statutory recognition in India and the legislature has recently introduced it in the Companies Act 2013, the Insolvency and Bankruptcy Code 2016, as well as the Commercial Courts Act 2015, among others. Two separate updates from the Supreme Court of India this month have engaged the Indian community in the discussion…
“Like poets, but with less time” The Deep End Getting to grips with mediation can leave students and trainees overwhelmed. That favourite training tool, the roleplay, throws most in at the deep end. The sudden immersion forces them to speak, listen and observe while trying to remember models and skills plus a sea of reading…
“All changed, changed utterly, A terrible beauty is born.” – W B Yeats, “Easter 1916” “Hope is important because it can make the present moment less difficult to bear. If we believe that tomorrow will be better, we can bear a hardship today.” ― Thich Nhat Hanh, Peace Is Every Step: The Path of Mindfulness…
Last week I was reading an essay by the American novelist Jonathan Franzen, and was struck by the following thought: “The essay’s roots are in literature, and literature at its best […] invites you to ask whether you might be somewhat wrong, maybe even entirely wrong, and to imagine why someone else might hate you.”…
[Future by Nick Youngson Creative Commons] The ICC International Commercial Mediation Competition is over and these pages have been full of reflections from a number of bloggers who were there and experienced ‘aha’ moments. In particular, Greg Bond’s thoughtful post about the Intergenerational RoundTable promoted a lot of discussion about what we should be doing…
The forthcoming Singapore Mediation Convention aims at ensuring the international “direct” enforcement of Mediated Settlement Agreements (“MSAs”) worldwide (see the post by Nadja Alexander, on a short description of the Convention). This means that an MSA shall be enforced directly in any Singapore Mediation Convention contracting state, without a prior review or granting of enforcing…
As the practice of cross-border mediation grows, it is imperative for legal and other professional advisers involved in drafting mediated settlement agreements (MSAs) to become familiar with how different courts deal with litigation about MSAs. In this post, we look at a recent 2019 decision of the Singapore High Court, Jumaiah bte Amir and Another…
With few exceptions, mediation is still used in less than 1% of the cases that are pending in the courts of justice from Romania and of other European Union member states. Public policies and adopted legislative solutions are not capable of generating a culture of dialogue, conflict prevention, or amicable settlement. In this context, the…
