Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International commercial mediation, International Mediation, Japan, Promoting Mediation, UNCITRAL

(Waseda University) and (University of Sydney & Williams Trade Law)/ /1 Comment

More than 1,400 years ago, Japan codified Confucian and Buddhist approaches to governing in Prince Shotoku’s Constitution, whose first article provides that “[h]armony should be valued, and quarrels should be avoided.” The underlying principle, wa (harmony), was promoted and reflected in the fabric of Japanese society and may have contributed to a persistent preference for…

Dialogue, Dispute Resolution, Mediation and Society, Mediation Practice

(Kyiv-Mohyla Academy, Ukraine )/ /2 Comments

This post is based on the research of two professional communities – mediators and dialogue facilitators – in Ukraine (see the research article) and poses a few preliminary questions that require deeper thinking and more research. Although the fieldwork for my article was done in Ukraine, I was told that similar developments are also noticeable…

Commercial Mediation, Dispute Resolution, Lawyers, Legal Practice, mediation as a career, Mediation Practice, Reflective Practice

(Core Solutions Group)/ /1 Comment

At the start of another year, it can be useful to conduct a bit of a personal stock-take. What holds us back from achieving all we could this year? How many of us suffer from silent self-doubt? How many of us would admit to feelings of inadequacy, anxiety and uncertainty about what we do? Far…

The role of the mediator

(Bond & Bond Mediation / University of Wildau )/ /3 Comments

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…

Dispute Resolution, Future of mediation, Legislation, Mediation Practice, mediation process, mediation traditions, Middle East, Policy, Promoting Mediation, Reform, Regulation, The role of the mediator

(Georgetown University Law Center)/ /Leave a comment

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…

Communication, General, Skills

(National University of Singapore, Faculty of Law)/ /2 Comments

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….

Brazil, Legislation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

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…

ADR, Developing the Field, Dispute Resolution, Future of mediation, India, Negotiation, Promoting Mediation

(Peacekeeping and Conflict Resolution Team), (V M Salgaocar College of Law), and (Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

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…