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

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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

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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…

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(Strategic Resolution)/ /4 Comments

Every year since 2004, this competition has brought together law students, coaches and mediation professionals from around the world. The competition provides the opportunity for the students to demonstrate and improve their negotiation skills, a subject not taught to undergraduates of my generation. It also brings together numerous mediation professionals in a collegiate environment. In…

Business, Communication, Cooperation, Creativity, Cross-cultural, Dialogue, Economics, Mediation and Society, Skills, Stages of mediation

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Neuroscientist Hannah Critchlow’s latest book ‘Joined-up Thinking – The science of collective intelligence’ makes the case that the range and complexity of the challenges that face us a  species require an even greater focus on working together to harness our intelligence in its broadest sense. She argues that even though our success as a species…

Mediation, mediation as a career, Mediation Practice, Mediation Skills, Mediation wisdom

(Kwok, Ng & Chan, Solicitors & Notaries)/ /3 Comments

In 2006, the Hong Kong Government introduced a scheme that marriages can be officiated by civil celebrants at a time and a venue chosen by the couple. Since then, I have been practising as a civil celebrant along with my other areas of practice. At the time of becoming a civil celebrant, I thought officiating…

Causes of Conflict, Conflict, Cooperation, Mediation wisdom, peace negotiations

(University of New South Wales)/ /1 Comment

  This week the facilitator of a conflict resolution group to which I belong posed  this question: ‘What is the greatest challenge currently facing us?’ My answer came quickly – the threat of hyper-polarization in an increasingly dangerous world. It was not particularly original or insightful of me – hyper-polarization seems to feature constantly in…

Conflict, Leadership, Mediation Practice

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This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. Peter Drucker once famously said, “the only definition of a leader is someone who has followers“. While we do agree that Peter Drucker is a magnificent thinker and writer, his definition sounds a bit too simplistic. The followers are an important “ingredient” to leadership, but…

Brazil, Co-mediation, Cross-cultural, Dispute Resolution, General, Singapore, Singapore Convention on Mediation, Uncategorized

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My participation in the Singapore Convention Week (SC Week, August 2022), at the invitation of the Singapore Minister of Justice and the UNCITRAL Academy, has raised my awareness about the advantages of co-mediation. As I mentioned in my previous post, among several relevant topics discussed on our panel , the one related to the benefits…

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(Strategic Resolution)/ /1 Comment

Today’s mediation scenario embraces a wide range of circumstances in which disputants of all kinds find themselves engaging with a mediator. Once it became apparent to lawyers and arbitrators that mediation could not be dismissed as a passing fancy, judges in various jurisdictions who were concerned to improve the judicial system to make it “just,…