ADR, Creativity, Developing the Field, Dispute Resolution, Humorous Pieces, Improvisation, Intuition, Mediation Practice, Mediators’ Conduct, Poetry, Skills, Stories, Zen

(Singapore International Dispute Resolution Academy)/ /1 Comment

Hong Kong mediator, lawyer and poet, TK Iu, was introduced to readers by fellow blogger Joel Lee earlier this year. TK’s first published poetic piece on mediation was entitled, ‘A Mediator’s Prayer’, inspired by the Peace Prayer of St. Francis of Assisi. If you missed it, it’s well worth the read. In just a few…

Developing the Field, Mediation Practice, Tactics

(Van Osselaer Dispute Resolution PLLC)/ /1 Comment

I. Introduction The mediation of insurance and risk transfer disputes involves interpretation of contracts and insurance policies, challenging legal issues, and the interests of multiple stakeholders. Such mediations are not just a matter of exchanging numbers. For parties, how do you advocate your position while, at the same time, exploring settlement? For a mediator, how…

Developing the Field, Family Mediation, Mediation Practice, Technology

(Sabine Walsh Mediation)/ /Leave a comment

Never one to turn down the opportunity to try out new technological developments, I was interested to come across software designed to assist in formulating parenting plans earlier this year. This may sound rather “out there” to many mediators, so bear with me while I try to set out how it works and how I…

ADR, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Enforcement, International Law, International Mediation, National Mediation Laws

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR. Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations…

Communication, Mediation Practice, Practical Challenges for Mediators

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In their article, “The Collaboration Imperative” [Harvard Business Review, April 2014, p. 77], authors Nidumolu, Ellison, Whalen and Billman note that “business collaboration is the great oxymoron of corporate sustainability. Countless efforts by companies to work together to tackle the most complex challenges facing our world today – including climate change, resource depletion, and ecosystem…

Commercial Mediation, Dispute Resolution, Efficiency, General, Lawyers, Lawyers and Psychologists, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

I believe that by now you all had enough of my comments on the 2014 FIFA World Cup. So let’s move on to other aspects of life. Last month, IBA’s Mediation Committee organized a regional meeting in Brazil in order to discuss the latest trends in Commercial Mediation. The event was supported by Veirano Law…

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Co-authored by Deborah Masucci and Michael Leathes, International Mediation Institute Among the early words of wisdom expressed by Sherlock Holmes in the first of Sir Arthur Conan Doyle’s 56 novels, A Scandal in Bohemia in 1891, was this classic line: I never guess. It is a capital mistake to theorize before one has data. Insensibly…

Causes of Conflict, Conflict, Practical Challenges for Mediators, Public Policy, Scotland, Uncategorized

(University of Strathclyde)/ /7 Comments

Five days from now Scotland may be on its way to becoming the world’s newest country. Or it may not. Just over four million of us will vote on September 18th to determine future political arrangements on the British Isles (affecting some sixty million others). Depending on your point of view, you might say with…