During Lex Infinitum, the international commercial mediation competition for students at V.M. Salgaocar College of Law in Goa, India, there was a lively and entertaining debate, in the best debating-society tradition. The motion was: “The Role of the Mediator Is Overrated.” Arguing this in front of a hundred and fifty students, mediators, lawyers and academics…
Mediation existed in the Middle East hundreds of years ago. In fact, the notion of deferring to a neutral and objective third-party for a decision towards the resolution of a dispute is well steeped in Arabic/Islamic traditions. For example, one of the most famous stories of Prophet Muhammad’s early life is that of him being…
This post was prepared in cooperation with Dan Mirea. J.J. Norwich writes in his book Four Princes that one time in the 16th century the German Protestant states “Hesse, Saxony and Wuerttemberg actually sent a joint delegation to England – not to ask directly for aid, but with an offer to mediate between Henry (VIII,…
Over the years that I have written for the Kluwer Mediation Blog, I have dipped, from time to time, into the field of Neuro-Linguistic Programming (NLP). And I have received requests from readers to write more about NLP and how it can assist us in our practice of amicable dispute resolution whether mediation or negotiation….
The debate regarding the urgency of modernizing Brazilian labour laws has been going for quite a while, probably dating back to early 80s. Over the last four decades, hundreds of professions have disappeared, thousands have been created and our legislation has remained almost untouched. As some of you may recall, not long ago, I posted…
For many student mediators across the globe, the start of the new year will bring the final stages of their preparation for two mediation competitions. Next week, the Lex Infinitum competition will be held at V. M. Salgaocar College of Law, Goa, followed, in February, by the ICC Mediation Week in Paris. Now in its…
Over the Christmas break, I had the pleasure of reading Ken Newell’s memoirs, “Captured by a Vision”. Ken was (until his retirement some years ago) a Presbyterian Church minister in Northern Ireland who, out of deeply held conviction arising out of his Christian faith, played a central role in bringing together representatives of both sides…
It was a comment made a few months ago and it has stayed with me: “But Anna, mediators are all tree-huggers.” There have been many variants of this type in response to my answer to the very English question: “So, what do you do?” These comments continue to irk me. Finally, as this year draws…
As the year comes to an end, I am expanding upon a story to which I referred in a previous blog, in the hope that it may provide a couple of useful reminders of what we do as mediators. I had eaten a chicken curry rather hastily at the hotel where I had been mediating…
I was in a busy urban train on my way home, when I was approached by a woman asking me where the Christmas market was. I answered. Then she asked if she could use my phone, she had to go a store where she had lost hers. It was 9 pm, I was tired after…
