Commercial Mediation, Dispute Resolution, India, Legislation, Mandatory mediation, Opt-Out, Promoting Mediation

(Shardul Amarchand Mangaldas & Co.)/ /Leave a comment

The Indian parliament passed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 (“Bill”) on 10 August, 2018. In a potentially significant development, section 12A of the Bill stipulates mandatory pre-institution mediation i.e. the plaintiff is mandatorily required to exhaust the remedy of mediation prior to filing a suit…

ADR, Artificial Intelligene, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Technology

, (CEDR - Centre for Effective Dispute Resolution)/ /2 Comments

Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for…

Creativity, Developing the Field, Dialogue, Future of mediation, Neuroscience, peace negotiations, Public Policy, Scotland, UN and International Organizations, Uncategorized

(Core Solutions Group)/ /1 Comment

My colleague and fellow Kluwer author Charlie Woods has likened my scatter-gun approach to starting new projects and coming up with new ideas to “guerrilla gardening”. I am sure he means it as a compliment. Some ideas take seed…. So, here is another seed. Just a week or two ago, I was reading a (UK)…

Cross-cultural, Dispute Resolution, Negotiation, Personal Development, Promoting Mediation, Skills, Training

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

In the centre of Berlin opposite the State Opera House, there is a large building in Baroque style that was originally built as the Prussian Royal Library in the late eighteenth century, and came to be called the Old Library once the new Prussian State Library was established in the early twentieth century. The words…

Art, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Users/Clients, Particular Sectors (e.g. Construction, Banking, etc.)

(CMS)/ /1 Comment

The term “art disputes” encompasses a broad range of disputes in the area of art and cultural heritage. They may relate to copyright and moral rights, chain of title, restitution, acquisition, donation, loan and deposit, insurance of art works, art as collateral in financing transactions, art fairs, digitalization, misappropriation of traditional cultural expressions, and several…

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Mediation Practice, Singapore, UNCITRAL

(Singapore Management University)/ /Leave a comment

On 25 July 2018, I was privileged to be part of a conference panel moderated by the inimitable Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy and my colleague at the Singapore Management University School of Law. The panel’s inspired title was “Feel the Earth Move – Shifts in the International Dispute…

Communication, Conciliation, Conflict, Creativity, Disclosure, Family Mediation, Mistakes, Stories, Transformation

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

(This post is being republished because of technical problems when it was first published). Thanks to Martin Svatos, for pointing out in his recent blog a number of cases where mediators or would-be mediators feature in popular films. That set me thinking … A few years ago, I offered a workshop on mediation based on…

Community Mediation, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation traditions, Mediation Users/Clients, Neutrality, Practical Challenges for Mediators, Scotland, The role of the mediator, Uncategorized, user perspectives

(University of Strathclyde)/ /1 Comment

(This post is being republished because of technical problems when it was first published.) One of the key debates among mediators centres on the word ‘evaluation’. I’ve written about this before – see Has the evaluative label outlived its usefulness? I’m sure many readers are familiar, even bored, with the claimed polarity between facilitative and…

ADR, Business, Commercial Mediation, Dispute Resolution, Enforcement, mediated settlement agreement, Uncategorized

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the Vietnam Business Lawyer’s Club, the Judicial Academy and the International Finance Corporation (IFC). Given the mediation activity in Vietnam and…