It’s August and I’m cooking up some Stone Soup. What I’m actually doing is finalizing the syllabus, lesson plans, lecture notes, readings, guest speaker list and slide decks. The materials are for my Mediation Theory and Practice seminar at the University of Ottawa Law School starting in September. (Thank goodness for the last minute, otherwise…
Mediators need to remember stuff – lots of stuff. Sure, it helps to have a flush mentality – as my very first, and now long gone, boss used to tell me. Mr. Dalgety would come back to the office after a hearing, raise his hand beside his head and pull an imaginary chain before moving to…
(This post is being republished because of technical problems when it was first published). Studying and teaching with Professor Frank E.A. Sander at Harvard in the late 80’s was life changing. The energy and vision he showed – going right back to his presentation at the 1976 Pound Conference – persuaded me that fundamental changes…
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,…
“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…
“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…
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…
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…
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…
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…
