In his thought-provoking new book, Politics, Dialogue and the Evolution of Democracy the legendary Ken Cloke reflects on an exchange between two distinguished American authors, Lawrence Susskind and Bernie Mayer, reflected upon here.
The post is about TWO points which may go against the Mediation Process in India: (i) A constant persuasion of Mediator on either parties would have opposite effect.
(10/13/18)F. Peter Phillips
The United Nations Commission on International Trade Law (UNCITRAL) has announced agreement on a “United Nations Agreement on International Settlement Agreements Resulting from Mediation.”
(10/05/18)Maria Victoria Marun, Maria Eugenia Sole
Actualmente es común usar expresiones como "polarización" o "grieta" para describir las actitudes con las que los habitantes, políticos y gobiernos de diferentes países plantean o debaten sus problemas.
(10/05/18)María Victoria Marun, Maria Eugenia Sole
It is currently common to use expressions such as "polarization" or "crack" to describe the attitudes with which the inhabitants, politicians and governments in different countries raise or debate their problems.
There has been upsurge literature on third party intervention in recent years, and still a significant gap in the field of mediation.
This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?
(9/17/18)F. Peter Phillips
This historic Chinese summit discussed discussed implications of the Belt/Road Initiative, announced five years ago.
This article covers Restoring Community Day held in 2017, including plans for the upcoming Community Day to be held in October 2018.
"Keep calm and carry on" is generally a mantra I refer to when I am in the mediation room.
(8/24/18)Sandeep Bhalothia, Vizita Singh
Sulh or amicable settlement has a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia.
Two common themes emerged from a recent panel discussion. First, the idea of a growing ecosystem; and, second, a changing culture.
This chapter focuses on areas of ODR that are likely to involve attorneys, Attorney involvement in ODR tends to be for more complex and substantial disputes, such as resolving all divorce issues or settling an estate or resolving ongoing business issues. These are areas of “integrative” ODR practice, where there are multiple issues and, commonly, a continuing relationship.
This article discusses how Italy has approached the initial mediation session.
Having lived through the painful U of Missouri conflict, Ben’s account seems extremely accurate – and brings up a lot of sad memories for me, reminding me of things I wrote at the time.
(8/10/18)William Scott Harralson, J.D.
In April 2018, the U.S. Justice Department implemented a new “zero-tolerance” policy for the detention and arrest of undocumented immigrants. This article discusses how mediation techniques can be used to handle such a difficult situation.
Several experts have commented on the trauma the children must have experienced being separated from their families.
Stemcor USA Incorporated addresses federal court jurisdiction based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court enforcement of provisional remedies in aid of arbitration.
The mediation in the United States has long been used as an Alternative Dispute Resolution throughout the Court Systems around the country significantly reducing the court backlog.
This discusses the recently published groundbreaking SOAS Arbitration in Africa Survey, the first survey of its kind to take a pan-African snapshot of African arbitration practitioners—their expertise, experience, skills, and views on arbitration.
In our mediation efforts, once we are in the realm of “public policy,” we are inevitably poking our noses into questions of intergenerational equity and “governance” and how authentic collaboration can be achieved or improved.
After celebrating ANZAC Day, FairWay’s Denise Evans and Bruce Reid explore the themes of war, conflict, and learning from mistakes of the past.
What is unique about those who possess a willingness to walk toward conflict?
Navigating the United States’ approach to mediation can be tricky for international firms as there is no uniform approach.
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The social capital of any society is education and identity.