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…
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…
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…
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,…
At a recent Global Ethical Finance Initiative event Katherine Trebeck of the Wellbeing Economy Alliance discussed her book ‘The Economics of Arrival’. The book explores the contribution of economic growth to wellbeing, particularly in the context of developed economies who could be considered to have ‘arrived’. It makes the argument that beyond a certain threshold,…
Secondary school students also have an important role to play in upholding the rule of law. The idea of organising a mediation essay competition for secondary school students was mooted in 2019. Despite the covid pandemic, the Mediation Essay Competition 2020 was successfully organised by the Department of Justice, the Education Bureau, Rotary International…
The quest for India’s comprehensive legislation on commercial mediation has culminated in the formulation of the Draft Mediation Bill 2021 (“Bill”). The Bill was tabled by the Union Law Minister in the Indian Parliament in December 2021, after which it was referred to the Parliamentary Standing Committee on Personnel, Public Grievances, Law & Justice (“Committee”)…
In the famous story of Noah’s Ark, Noah questions God about how he will find the animals he has been instructed to put in the ark. God replies, ‘If you build it, they will come’. The consistent repetition of this quotation throughout history (think of Kevin Costner’s movie Field of Dreams ) has created something…
One of the great professional satisfactions of being part of the mediation community is that it sits within a much wider cluster of non-adjudicative processes. This proximity to a broader cluster represents an opportunity for learning, experiment and the exercise of curiosity and investigation. In Australia, the cluster of which mediation is a part includes…
Mediators work hard to help parties to a dispute to explore and understand their underlying needs and interests, which might have been forgotten or overlooked in the defence of a position that was once adopted to promote their interests. A recent book by political scientist Krzysztof Pelc ‘Beyond Self-interest – why the market rewards those…
