ADR, Availability of Mediators, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, Singapore, Singapore Convention on Mediation, Standards, Success in mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

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

(Strategic Resolution)/ /2 Comments

  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

(University of Strathclyde)/ /1 Comment

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…

Cooperation, Dialogue, Economics, Framing, Interests, Policy, Public Policy

(Core Solutions Group)/ /2 Comments

“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…

“Mediate First” Pledge campaign (“MFP”), Dispute Resolution, Hong Kong, Mediation, MEDIATION EVENT, Uncategorized

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

Originated in Hong Kong, the “Mediate First” movement is gaining momentum in and beyond the city, with individuals, organisations and businesses acknowledging the benefits of exploring mediation as the first step in resolving disputes, which include time and cost savings, reduced stress, more autonomy and confidentiality.   What is “Mediate First” Pledge?   The “Mediate…

Conflict, conlfict coaching, Dialogue, Framing, Mediation, Mediation and Society, Uncategorized

(University of New South Wales)/ /Leave a comment

Repetition works. It is a passive, effective tool of persuasion. It features heavily in the online marketing of programs for business leaders and, (as I am reminded as I endure another round of  parliamentary elections in my country) in the fear-inducing speeches of politicians desperate to avoid an election loss. A Google search of ‘The…

cross-border mediation, Due Process, Mediation Practice, Online Dispute Resolution (ODR), Online Mediation, Quality, Reflective Practice, Regulation

(Singapore International Dispute Resolution Academy)/ /Leave a comment

Are you doing it online? A lot? Regularly? Just sometimes? Do you talk to others about it or keep it mostly to yourself? And, if you do talk about it, do you just flippantly mention it as a throw-away line that everyone should hear or do you really engage in deep conversations about what it…

ADR, China, Chinese Culture, cross-border mediation, Hong Kong, ICSID, Investor-state mediation, People’s Mediation Law

/ /1 Comment

Introduction  China’s noticeable absence from ISDS cases raises interesting questions about the resolution of investor-state disputes from a Chinese perspective. So far, there have only been 15 ISDS cases brought on behalf of Chinese investors, with China having been on the receiving end of 9 claims. One might consider these figures very low, when compared,…

Costs in Mediation, Dispute Resolution, Enforcement of a Mediation Clause, Mediation Users/Clients

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Introduction In September 2022, a team of researchers from the Faculty of Law of the University of Antwerp (Law Enforcement Research Group) and Conflicool (a not-for-profit organisation dedicated to the amicable resolution of disputes) conducted a large-scale empirical study on dispute resolution culture in Belgium. The study was undertaken via a survey administered by YouGov…

ADR, Brazil, Cooperation, Developing the Field, Dispute Resolution, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

The inspiration to write this article came from a film I watched recently – The Whale – starring Brendan Fraser, who plays an obese man leading an extremely sedentary life. In my opinion, his character’s (Charlie) physiognomy is one of the elements that captures the story narrative. Again, the inspiration to write the article, after…