'Money-only' Cases, Commercial Mediation, Creativity, Decision making, Dispute Resolution, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Neutrality, Practical Challenges for Mediators, Role of Mediator, Success in mediation
Mediation vs Litigation: The Advantages of Settling Out of Court
Introduction If you find yourself in the midst of a legal dispute, you might feel confident that taking the matter to court is the best option, especially when you have a strong case. After all, who wouldn’t want to see justice served swiftly and decisively? And why show any vulnerability when holding all the cards?…
Causes of Conflict, Conflict, Cooperation, Environmental disputes, Environmental Mediation, Mediation and Society, peace negotiations, UN and International Organizations, Uncategorized
All the world’s a stage
“All the world’s a stage, and all the men and women merely players” In his ‘untold history’ – “The Earth Transformed” Peter Frankopan charts the way in which the natural environment has shaped human history and more recently how humankind has in turn begun to influence the natural environment. In his conclusion he builds on…
Discrimination, Dispute Resolution, mediation as a career, Mediation wisdom, Mediator's Image, Promoting Mediation, Values and attributes of a mediator
Should Cab Rank Rule apply to mediators?
What is Cab Rank Rule? The Four Bars (namely, England and Wales, Ireland, Northern Ireland and Scotland) have recently issued a joint statement on the cab rank rule. According to the statement, the cab rank rule mandates barristers not to discriminate between clients, and that they must take on any case provided that it is…
Developing the Field, Mediation Practice, Mindset, Practical Challenges for Mediators, Reflective Practice
Thinking about mediator self-care
Insomnia drove me to a late-night television binge recently and I watched a rerun of Pretty Woman, the 1990 movie starring Julia Roberts and Richard Gere. For those of you yet to see this movie, its great strength is that it offers lines that are useful for almost every moment of your life. ‘You must…
Everything Everywhere All At Once. Does it work?
The inspiration for this month’s post came from the recently released news on social media, which attracted a lot of attention because it involved the mediation carried on during the divorce process of a famous couple. This mediation procedure has been questioned and has generated a lot of debate in the mediation community. My comments…
ADR, Availability of Mediators, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, Singapore, Singapore Convention on Mediation, Standards, Success in mediation
The Cross-Border Mediation Landscape: 2022 SIDRA Survey Final Report
The Singapore International Dispute Resolution Academy (SIDRA) launched its International Dispute Resolution Survey: 2022 Final Report on 31 August 2022. The SIDRA Survey is commissioned by the Singapore Ministry of Law and is into its second iteration, with the first SIDRA Survey Report published in 2020. The 2022 Final Report continues SIDRA’s global study…
Creativity, Decision making, Humorous Pieces, Improvisation, Instinct, Interests, Intuition, Mediation Outcomes, mediation process, Negotiation, Skills, Tips
From theory to practice – BATNA in the spotlight
As long ago as 1981, in the very first edition of Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher and William Ury proposed the following novel negotiation method: separate the people from the problem focus on interests, not positions invent options for mutual gain and insist on using objective criteria. Later…
Communication, Decision making, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Opt-Out, Promoting Mediation, Public Policy, Scotland
A nudge to mediate: new report from England & Wales
The idea of using insights from behavioural science to achieve desirable policy goals burst into popular consciousness with the publication of Nudge: Improving Decisions About Health, Wealth, and Happiness (R Thaler and C Sunstein, Yale University Press, 2008.) It describes the appealing notion that people can be encouraged to make good choices by the way…
Is more enough?
“Neither politics or the economy will function without a substantial degree of honesty, trustworthiness, self-restraint, truthfulness and loyalty to shared political, legal and other institutions. In the absence of these virtues, a cycle of mistrust will corrode social political and economic relations.” In his new book ‘The Crisis of Democratic Capitalism’, Martin Wolf argues that…