In a previous blog in 2018 , I commented on how Australian courts have approached their statutory power to order parties into mediation with or without their consent. In the recent case of Aversa v Transport for New South Wales (No 2) the judge had to decide whether to order mediation in a case involving…
In their recent book ‘Power and Progress’ Daron Acemoglu and Simon Johnson analyse technological progress over the course of human history. They conclude that technological advances tend to initially benefit a fairly narrow elite before countervailing societal pressures and political developments result in a fairer distribution of the benefits of this progress. Their survey of…
On 31 August 2023, I spoke at the Maxwell Chambers of Singapore on “Facilitative and Evaluative Models of Mediation: Is the Distinction Still Meaningful or Simply Arcane Semantics? Is it time to bring Evaluative Mediation out of the Shadows” as one of the panel speakers. I am very grateful to the moderator Ms Eunice Chua…
Dispute resolution competitions are a rich learning space for students. My 15+ years coaching teams from my university to compete internationally were a rich experience for me and I enjoy continuing opportunities to be part of the competition community nationally and internationally. It has also been my great good fortune to observe and judge hundreds…
The ICC Commission on Arbitration and ADR has published an interesting report on “Facilitating Settlement in International Arbitration” (“Report”), which provides guidance on the effective use of mediation within arbitration proceedings, as well as on other manners of facilitating settlement by arbitrators. The ICC has been promoting mediation – within the framework of its mainstream…
This blog was written by Petra Drgoňová (Lawyer & International Accredited Mediator) and Constantin Adi Gavrilă. Gender equality, the state of men and women having equal rights, responsibilities and opportunities, represents a vital prerequisite for a peaceful, prosperous and sustainable world. The relevance of gender equality has been recognized by major societal actors across numerous…
In today’s ever-changing world, the pursuit of social peace and harmony remains a fundamental goal. One of the United Nations’ Sustainable Development Goals (SDGs), Goal 16, specifically focuses on promoting peace, justice, and strong institutions. This goal reflects the global commitment to fostering societies that are just, peaceful and inclusive. In this article, we will…
Unless we ourselves are involved, whether as mediators, advisors, parties or support persons, we do not often find out what happened in a mediation because communications between the participants are predominantly confidential and “without prejudice”, so evidence of who said what to whom is inadmissible in court proceedings. One of the few exceptions in New…
Metaphorically speaking mediators will often invite parties to a conflict to get into each other’s shoes to try to help broaden perspectives and deepen understanding of concerns, issues and needs to help generate options for resolving the dispute. Philosopher John Rawls used a thought experiment which in some respects builds on this idea but takes…
Ms Machimdhorn Khampiranont (“MA”) is the Acting Managing Director of Thailand Arbitration Center (“THAC”), which has been set up to support and provide neutral and independent alternative dispute resolution services of international standards. Prior to holding the present position as THAC’s Acting Managing Director, MA was initially appointed as THAC’s Registrar and subsequently became the…
