Maryam Salehijam, a PhD researcher at the Transnational Law Centre of the University of Ghent, is undertaking research on the familiarity of legal professionals (including lawyers and third-party neutrals) with dispute resolution clauses which provide for non-binding ADR mechanisms such as mediation and conciliation. Maryam’s research focuses on legal professionals from the following jurisdictions: Austria, Australia, England…
An apology can be given on many levels from a general acknowledgement at one end of the spectrum to a profound apology at the other end. The profound apology requires a number of essential ingredients. The first, and most important, is preparation. For both the person giving the apology and the one receiving it, time…
Recently, I have become an owner of two hectares of land in protected natural area which I intend to plant with trees. I was inspired to this by a wonderful book that I read some ten years ago. Though, it is neither about dispute resolution, nor about mediation, it contains pearls of wisdom which make…
Last week the long-awaited Irish Mediation Bill was finally published. Its purpose is to introduce a coherent comprehensive regulatory framework for mediation in Ireland. For a number of reasons it is interesting also for international readers. The hitherto mediation regulations in Ireland were criticized not only by experts but also by the local judiciary. In…
We all know how difficult it is for newly-trained mediators to gain practical exposure in this field, where competency is so heavily based on one’s breadth and depth of experience. The next few generations of mediators need experienced mediators to help them break the “chicken vs. egg” cycle so they can gain initial experience, hone…
In this article I discuss some of the perception and cognitive biases relevant to conflict as well as the interaction between biases and conflict. I think that it is important for mediators to be aware of the parties’ biases, firstly, to understand how biases are contributing to the conflict, and secondly, to help the parties…
Editorial note: Given the high level of interest in our posts which address Brexit, the following detailed analysis of the Supreme Court’s decision on the Brexit process by Maria Kendrick, Visiting Lecturer and PhD candidate at King’s College London, may be of interest to our readers. The judgment of the Supreme Court handed down on 24 January 2017 by…
John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from Game Theory. I (John) had been familiar with The Prisoners’ Dilemma…
Raymond Williams, Resources of Hope (published posthumously in 1989), p. 118 I write and will upload this blog on the eve of my departure for Paris and the ICC’s 12th International Commercial Mediation Competition. On the ‘due date’ for this blog, I’ll be somewhere between Auckland and London. Again, it will be my huge pleasure…
From 11th to 14th January 2017, the second edition of Lex Infinitum was held at V.M. Salgaocar College of Law, University of Goa, Panjim, India. Lex Infinitum – law to the max – stands for an exploration of ADR in India, and particularly the promotion of mediation. The event in Goa is a mediation competition,…
