ADR, Conflict, Dispute Resolution, India, International Mediation, Kashmir, Mediation Practice, mediation process, Negotiation, peace negotiations, Promoting Mediation, Training, Transformation, War Stories, Young Mediators

(Peacekeeping and Conflict Resolution Team)/ /1 Comment

The Kashmir valley in India is a stressed region and though older generations have ‘lived’ through some tense winters, this generation is not ready to ‘survive’ through the silence and indifference. Deaths are on the rise and if this constantly raging battle between the militants and the Indian administration is not addressed appropriately and immediately,…

Bias, Cognitive Bias, Commercial Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Mediation and Society, Mediation Practice, mediation process, Mediators’ Conduct, Neuroscience, peace negotiations, Personal Development, Policy, Practical Challenges for Mediators, Promoting Mediation, Public Policy, Reflective Practice, Scotland, shuttle mediation, Skills, Social intelligence, Success in mediation, The role of the mediator, Tips, Transformation, Trust, Uncategorized, Understanding mediation

(Core Solutions Group)/ /Leave a comment

“I’ve been trying to tell you, but you didn’t listen. You’ve got to go down more deeply and take more time, you’re rushing it and it’s too superficial. You’re hardly disturbing the surface. You’ll make no progress that way. And you are using so much effort. Relax. When you get into difficulty, you are expending…

Causes of Conflict, Communication, Conflict, Dialogue, Family Mediation, mediation process, memory, Perception

(NZ Centre for ICT Law & School of Law, Auckland University)/ /3 Comments

“Odd as it may seem, I am my remembering self, and the experiencing self, who does my living, is like a stranger to me.” (Kahneman, Thinking, Fast and Slow, (2011: 390) This blog arises from my recent reading of Dr Atul Gawande’s Being Mortal: Illness, Medicine, and What Matters in the End (2014). This might…

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement, Settlement Agreements, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /3 Comments

The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution…

ADR, ADR Agreements, Arbitration, Art, Commercial Mediation, cross-border mediation, Employment, Family Mediation, Language, United States

(FORARB/Charles University)/ /8 Comments

James Bond enters a casino where a beautiful girl is sitting at the bar. He approaches her, buys her a drink and makes his obligatory introduction: “Bond, James Bond…” After brief chatting, she asks him about his profession. Then, the usually reckless hero comes up with a cover story: “I am a mediator… Traveling to…

ADR, Decision making, Dispute Resolution, Mediation Practice, National Mediation Laws, The role of the mediator, Vietnam

(Vietnam International Arbitration Centre) and (University of Economics and Law, Vietnam National University)/ /Leave a comment

In recent years, Vietnam has boosted its legal framework for commercial mediation. The story began with the promulgation of the new Civil Procedure Code 2015 whose Chapter 33 serves as the legal basis for the recognition of out-of-court mediated settlement agreements. Then, the Government issued Decree no. 22/2017/ND-CP on Commercial Mediation (“Decree 22”) detailing and…

ADR, Commercial Mediation, Developing the Field, ICC Mediation Competition, International Mediation

(Kwok, Ng & Chan, Solicitors & Notaries)/ /4 Comments

I still remember the very first time I met Colin. It was during my CIArb fellowship oral assessment in Hong Kong. Entering the room with an overwhelming presence, he asked the candidates several questions on costs in arbitration. While the questions themselves were tough and challenging, it was apparent through his encouraging tone and body…

Creativity, Developing the Field, General, Training, Young Mediators

(National University of Singapore, Faculty of Law)/ /1 Comment

I have in previous entries (July 2012 and July 2013) written about a peer mediation initiative called the Peacemakers Conference. The purpose of the Peacemakers Conference is to teach 13-16 year olds how to resolve conflicts amicably in a workshop cum competition format. This year’s Peacemakers Conference was held from 20 to 22 June 2018….

Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, peace negotiations, Promoting Mediation, Reflective practise

(Edwards Mediation Academy)/ /Leave a comment

The hills above Edinburgh, Scotland, were bursting with the splendor of bright yellow flowers when mediators from across the globe assembled for the spring conference of the International Academy of Mediators. I had been asked by the conference organizers to lead a discussion, with the goal of inspiring some of the world’s most successful commercial…

Commercial Mediation, Mediation Practice

(Weiler ADR Inc.)/ /Leave a comment

  The recently released decision in L-Jalco Holdings Inc. v. Lawrynowicz & Associates, 2018 ONSC 4002 (CanLII) will be of great interest to mediators, lawyers and clients alike. The case offers a rare glimpse inside the “sausage factory” that is commercial mediation and highlights mediator persistence and creativity in reaching a settlement of a complex…