One of the principles of mediation as it is trained and practised around the world is that participation is voluntary. The parties decide for themselves if they wish to mediate their dispute. The mediator is only needed if that is what they decide. Of course, this is not quite that clear cut, and there are…
The judgment by the Uttarakhand High Court granting entities such as the River Ganga, River Yamuna and more recently the Yamnotri [1] Mohd. Salim v. State of Uttrakhand and Ors, W.P.PIL No. 126 of 2014 and Gangotri glaciers [2] Lalit Miglani v. State of Uttarakhand, W.P.PIL No. 140 of 2015 the status of legal personality under…
The parties left my office much later in the afternoon than I would have foreseen in the morning. As I was accompanying them to the exit, the package was already attending me on the front desk: It was the very typewriter I am now writing this blog on. As I was unpacking it, I was…
The European Commission has recently published a consultation document on the ‘Prevention and amicable resolution of disputes between investors and public authorities within the single market’. Industry associations, practitioners (e.g. lawyers, arbitrators, and mediators), civil society organizations, as well other citizens and organizations are invited to submit their contributions through an online questionnaire by November…
We agree sometimes to engage in a simple dialogue or in a mediated conversation with other people, but do we necessarily mean the same thing when thinking about dialogue? Are there significant process impacts induced by our perspectives and expectations? And could the dialogue process be more effective should these differences are clarified beforehand? What…
I had the privilege of running a workshop with Marcus Lim (Executive Director, Singapore International Mediation Institute) at CDRC Vienna. For those of you who are unfamiliar with CDRC Vienna, it is a law school competition which focuses on components of negotiation, mediation advocacy and mediation. It is in its third year of running, and…
In 2011, a computer gained fame as a celebrity. Its name was Watson*, of IBM. This was right after taking part in a very popular Q&A show on American TV (Jeopardy), in which Watson, with its ability to understand our language using only information recorded in its memory, and working offline, managed to successfully overcome…
On the face of it clarity and certainty would always appear to be preferable to ambiguity, in order that people know where they stand and can plan and act accordingly. However, in a recent article Fintan O’Toole reflected on the position of Northern Ireland in the Brexit negotiations and concluded: “…stopping the violence meant creating…
I am travelling back from a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution professionals. It was a privilege to spend time at Glencree, the centre for peace and reconciliation which was one of those places where so much was done in recent…
This is another blog in the spirit of earlier entries along the lines of “what would you do with XXX at your table.” The challenge will emerge in the course of reading. Myth and metaphor, and the etymology of mediation, are amply available to convey the mediator’s task of steering between – or finding a…
