In February 2014, the Litigation and Arbitration Practice of international law firm Hogan Lovells announced the findings of a survey they conducted among 146 senior lawyers and executives from among the world’s largest companies in 18 industries to assess how cross border disputes have affected the legal landscape. The survey’s findings reveal some interesting perspectives,…
The arc of a litigated case has many narratives, particularly when it comes to settlement opportunities. While some cases fall into standard, often repeated formulas, others cannot be scripted. Yet, there are moments in the cycle of a case where some litigators simply react to events as they unfold rather than actively creating the settlement…
The recent publication of a study conducted for the European Parliament on Mediation, “Rebooting the Mediation Directive,” has contributed to the ongoing debate about effective mediation policy. I am the coordinator of that Study, whose results were based on 816 questionnaires completed by respondents from the 28 member states of the EU. The Study determined…
How do you get people to eat more fruit and less junk food? How do you get more people to agree to donate their organs? How do you get more people to engage in cross-border mediation? I’ll come back to food and organs shortly. Let’s stay with mediation for a minute. Within Asia, Hong Kong,…
Author’s Note: For those readers who do not speak or read Chinese, the words and numbers in brackets indicate how to pronounce and intonate the Chinese characters indicated I was recently given the honour of launching 谈判 (Tan2 Pan4): The Chinese-English Journal on Negotiation at the 3rd Asian Mediation Association Conference held in Hong Kong…
Lots of talk about ADR competitions on this blog, so I’ll throw my hat in the ring. Last month I took a team of students to the INADR International Law Student Mediation Tournament in Chicago (http://www.inadr.org/tournaments/law-school-tournament). This was the 13th competition and it was truly international, with 52 teams representing 17 US institutions and 22…
On the day when the finals of the world’s largest ADR student competition starts, I could not think of any better topic for my blog posting. I have been teaching and coaching students for the last eleven years, and it has become an important part of my life and a highly rewarding experience. Consequently, I…
The last few weeks have seen a failure to apologise result in a political crisis, a senior police official being forced to resign, and our Minister for Justice’s already wobbly pedestal threaten to give way entirely beneath him. The coming weeks and months will tell whether the “Minister for Borrowed Time” as he has become…
Recently my good friend Canon Andrew White (aka “the Vicar of Baghdad”, as he is the Anglican priest at St George’s Church, Baghdad) convened a meeting of religious certain leaders from Iraq and Israel, bringing together senior Iraqi Muslim and Israeli Jewish figures in Cyprus for several days of talks about peace. It was by…
Having last week returned to New Zealand from Singapore where I was honoured take part in the launch of the ICC Mediation Rules, I saw first hand the support for mediation in Singapore from powerful institutions like the Singapore Judiciary and the Ministry of Law. Singapore, and my guess is Asia in general, is in the…
