From cultural confusion to cognitive biases and recent apology legislation in Hong Kong, the recent posts on the Kluwer Mediation Blog continue to address a compelling assortment of topics. In Cultural Confusion – A Good Thing for Mediation?, Nadja Alexander shares an encounter she had with a group of mediators to highlight the cultural confusion…

July saw a collection of thought-provoking and passionate posts from our writers, including the particular challenges of conducting research on mediation, insights from the Global Pound Conference in London and reflections on how little we know about our neighbours. A brief summary of all the posts in July can be found below. In Research on…

From the mediation of sports disputes to a recent mediation law in Brazil and onto lessons learnt from teaching mediation and negotiation courses in universities in Germany and New Zealand, the past month on the Kluwer Mediation Blog has provided a rich assortment of posts. A short summary of each post follows. In Investing In…

On 24 February 2017, the Government of Vietnam promulgated Decree No.22/2017/ND-CP on Commercial Mediation (the “Decree”). It is the first legislation specifically governing commercial mediation in Vietnam. The Decree is inspired by the UNCITRAL Model Law on International Commercial Conciliation (the “UNCITRAL Model Law”), but includes several local modifications. From the drafting process, the Decree…

From making the case for understanding the mediator as co-creator, with the parties, of outcomes to exploring the argument that mediators need to be qualified lawyers, there has been much lively discussion on the blog this month. You will also find a post on the key findings of recent empirical research in New Zealand on…

From conciliation applications in Germany, the use of mediation for companies under judicial reorganization in Brazil, the recent INADR International Law Student Mediation Tournament at the University of Strathclyde in Scotland, to transformative teaching in Shanghai, the broad coverage of topics continues on the Kluwer Mediation Blog. Why not have a look at the summary…

March was a particularly busy month on the Kluwer Mediation Blog. From legislative developments in Ireland and Singapore, a report on the Berlin Global Pound Conference, and a more provocative post on whether grey hairs are needed to mediate, there is a lively assortment of posts below. In “Too much or too little”, Bill Marsh…

Since 1 January 2017, national and international media companies can initiate arbitration proceedings with the German Media Arbitral Tribunal (Deutsches Medienschiedsgericht – “DMS”). The DMS, which was established in 2016 in Leipzig, is a specialized arbitral institution that exclusively deals with media law disputes. In addition to arbitration proceedings, the DMS offers conciliation proceedings and…

In the past fifteen years, the European Union has displayed a particular interest in Alternative Dispute Resolution (ADR). Furthermore, a number of recent initiatives have shown that a general, overarching framework relating to both Business-to-Business (B2B) as well as Business-to-Consumer (B2C) ADR would enhance legal certainty in Europe and improve access to justice. Without losing…

Brexit, biases, workplace mediation, the wisdom of uncertainty, profound apologies: these are just a handful of the topics addressed by writers at the Kluwer Mediation Blog last month. Below are a few words on, and a link to, each post. In A Mediator’s Pitch, John Sturrock explores how, as we look ahead in an uncertain…

From mediation competitions in Panjim, India and Paris, a proposed mediation law in Lithuania and an exploration of how Game Theory might help us better analyse the role of mediator, the month of January saw the usual breadth of topics on the Kluwer Mediation Blog. Perhaps one of the following posts may take your fancy:…

From mediation legislation developments in the Ukraine to the contribution of mediation and mediators in these times of uncertainty and opportunity, over the past month the posts on the Kluwer Mediation Blog have addressed a wonderful assortment of topics. In Putting Away Childish Things, John Sturrock considers the loss of civility which appears commonplace nowadays,…

Arbitration has long been the favorite of the ADR family. Mediation, however, has established an increasingly relevant position for itself when it comes to resolving (international) commercial disputes quickly, cost-efficiently, and successfully. Efforts to render mediated settlement agreements enforceable persist and will likely further bolster mediation as an independent and, possibly, even superior alternative to…

Recent developments indicate there may be increasing interest in the creation of alternative forms of dispute resolution for investor-State disputes. One potential alternative is mediation. This post outlines how 2016 has been an important year for investor-State mediation, considers how mediation interacts with investment treaty arbitration, and the benefits and risks associated with such a…

Increasingly overburdened Courts have constrained access to judicial remedies for civil disputes in India. To enable expeditious settlement of commercial disputes, the Government of India issued the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (“Act”). It envisages the establishment of separate commercial Courts to hear arbitral disputes, amongst other…

In May 2016, DRBF gathered in Santiago, Chile, for its annual international conference. The location is testimony to the rising demand and dispute boards practice in the region. Having served for some years in the management of our organization, it is observable that the purpose of the concept proves to be successfully established. Indeed, the…

The mounting global preoccupation with mediation, reflected in a growing array of institutions, programs, laws and regulations; an international “evangelical” movement; and mounting impetus for an international convention promoting the recognition and enforcement of mediated settlement agreements; should be accompanied by collective reflection, dialogue and discernment regarding present trends. These were the themes of my…

The New York Times has just published a three-part series of investigative articles about arbitration practice in the United States, casting it as machine of repeat-players used by large companies to deprive ordinary citizens of access to justice. It is a pity the writers did not look deeper under the hood of that machine. Had…

At the CIARB’s London centenary conference earlier this month, the Honourable Chief Justice of Singapore, Sundaresh Menon, cautioned that: “we should remain mindful that there is no place for complacency or reason to assume that [the] international system of dispute resolution which so many have invested so much in, will continue on its recent trajectory…

Vienna can be a confounding place for an outsider. In one moment, the city projects itself confidently into an innovative, international future and yet in the next moment can appear irrevocably bound to traditions. Being forward-minded in dispute resolution, Vienna is host this week to the IBA-VIAC International Mediation and Negotiation Competition, a four-day event…

Mediation has gained much popularity in Croatia in the last several years, and the Croatian legislator regulated enforceability of mediation in Article 18 of the Croatian Mediation Act (Official Gazette No. 18/2011, “the MA”). The solutions provided in the MA are to a large extent resembling the solutions in the UNCITRAL Model Law on International…

In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial system”.1 Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate…

The University of Virginia’s Spring 2014 symposium focused on the topic of international development. One panel focused on the role of international politics in the context of international dispute settlement. With the mandate to examine elements related to both politics and development, I was asked to explore outcomes in investment treaty arbitration (ITA) as a…

Two months ago, readers of the Kluwer Arbitration blog were asked to participate in some ongoing surveys relating international commercial mediation and conciliation. The studies were being conducted to assist UNCITRAL and UNCITRAL Working Group II (Arbitration and Conciliation) as they consider a proposal from the Government of the United States regarding a possible convention…