business

Mediation Culture And The Next Generation

francesco-gallarotti-72602.jpg

A short insight into national education and development in mediation around the world from four former participants of IBA-VIAC CDRC – the Consensual Dispute Resolution Competition Vienna, representing Lebanon, Georgia, India and the UK.

Read more

Posted by Jenny Driver, Jonathan Rodrigues, Karim Zein and Mariam Malidze in Access To Justice, ADR, Conciliation, Education, Mediation, Negotiation

Spontaneous GPC Voting Events Are Taking Place In India

Spontaneous GPC voting events have been popping up in India, just days before voting is set to close. As soon as online voting opened up to the public, organisers in India set up ‘voting clinics’ to help people to vote.

2017-07-25-PHOTO-00000015

This is giving a significant boost to the global voting data, only days before the deadline on the 31 July. Today 30 people attended the clinic to vote, adding their voice to the global data on dispute resolution.
Continue reading →

Posted by GPC Series in Access To Justice, ADR, Technology

Co-Mediation In A Cross-Border Context

kawtar-cherkaoui-125346

Trade between different states is taking place on a greater scale than ever before. Small and large companies are doing business across borders every day, all around the globe and many companies are established abroad. However, this is by no means new information.

Disputes arising from international business dealings can be complicated and expensive, especially if the parties come from different countries and continents. Moreover, existing business relationships can often break down while in conflict. There are of course courts and arbitrators to resolve cross-border disputes, but this is not only a very expensive and potentially destructive way of finding a solution, it is also often very time-consuming. But, this is also not news to you.

So, what can we do in order to effectively manage a cross-border dispute?

Read more

Posted by Gert Nilsson in ADR, Introductory Guide, Opinion

The Paris ODR Conference – When Law Meets Tech

peter-kleinau-99994.jpgThe 17th annual ODR Conference, which took place in Paris last month, was not your average law event. Entitled Equal Access to Information and Justice Online Dispute Resolution, the conference spanned across two days filled with intense discussions, ideas, exciting projects and most importantly – excellent food. Especially unique, was the combination of tech experts and lawyers from all over the world, and of course those who fit into both categories.

Read more

Posted by Natasha Mellersh in Access To Justice, ADR, Dispute Management, Education, ODR, Technology

The London GPC – Time For Change

marlon-maya-44935.jpgLast week’s London event marked the grand finale of the GPC Series, which has taken place on six continents and 29 cities since April 2016, collecting groundbreaking data on the behaviour and perceptions of stakeholders in dispute resolution across the globe. Taking place in the historical Guildhall building, built upon centuries of ‘dispute resolution’ above the Roman amphitheatre – where conflict was perhaps resolved in a more brutal way than today.

The event began with an introduction by online dispute resolution advocate Lord Justice Briggs, who has consistently pushed for technological reforms in the courts of England and Wales, especially in regards to resolving disputes. In addition Dr Andrew Parmley, Lord Mayor of London (Mayor of the City of London), gave a moving speech on London’s rich multicultural history – stating that London will remain a global city and an international hub for the legal community undeterred by Brexit.

Read more

Posted by Natasha Mellersh in Access To Justice, ADR, Arbitration, Dispute Management, Education, LOC Coverage, Mediation, Negotiation, Technology

Facilitating Settlement – The Changing Role Of The Arbitrator

pablo-garcia-saldana-94058One of the most valuable aspects of the GPC is the rich amount of data it accumulates. A recently published article in the Fordham International Law Journal analyses the data of the 2016 GPCs in terms of the parties’ interest in collaborative dispute resolution methods within adversarial proceedings. Klaus Peter Berger and J. Ole Jensen suggest the facilitation of settlement between the parties within arbitral proceedings as an important means of maintaining and increasing the attractiveness of international arbitration.

Read more

Posted by GPC Series in ADR, Arbitration

Effective Negotiation – Be Prepared

himesh-kumar-behera-216019

By failing to prepare you are preparing to fail.  –Benjamin Franklin

The lesson of rigorous preparation has been taught throughout history.

In the 5th Century BC, Sun Tzu, in The Art of War, denounced lack of preparation as the most heinous of crimes, and celebrated good preparation as the greatest of virtues. In the 1st Century, Seneca defined luck as something that happens when preparation meets opportunity. Michelangelo grumbled that if people knew how hard he had to prepare to gain his mastery, it would not seem so wonderful at all. In Henry V, Act 4, Scene 3, Shakespeare has the King giving the most famous pep talk in history to his overwhelmed army as they prepared for the unlikely English victory at Agincourt in 1415, explaining that “all things are ready if our minds be so”.

Read more

Posted by Michael Leathes in Negotiation

Consumer Redress: A Changing Tide?

jeremy-bishop-262161The various challenges in trying to provide effective redress to consumers have created momentum behind an effort to change the way we think about consumer protection. The old zero-sum debate between consumer advocates (presumed to be in collaboration with the class action bar) and the big legal defence firms (presumed to be doing the bidding of big corporations) has achieved little in terms of progress over the past few decades.

Read more

Posted by Amy J. Schmitz and Colin Rule in Access To Justice, ODR

Why A GPC Event Is Like No Other Conference You’ve Attended

clint-adair-68588With around half of the Global Pound Conference (GPC) events now behind us, well over a thousand delegates have experienced for themselves attending a GPC event. So what’s it like? Put simply, the experience is unlike any other dispute resolution conference you’ll have attended. No dozing at the back of the room as dry speakers work painfully through drier legislative changes. No quiet catching up on your emails as you wonder what will be for lunch.

Read more

Posted by Alexander Oddy in Access To Justice, ADR, Arbitration

Ask An Expert: Claudia Winkler

Claudia Winkler, Negotiation Trainer and the Director of the IBA-VIAC CDRC Vienna Mediation and Negotiation Competition, discusses legal education, the future of ADR and the importance of negotiation skills in transforming the culture of dispute resolution.

What is your current role in dispute resolution?

As a negotiation trainer, mainly being called for in-house trainings in law firms, I see myself in the role of a provider. For my client-communication coaching I also take the role of an advisor and coach to lawyers.

Read more

Posted by Natasha Mellersh in ADR, Ask An Expert, Negotiation

Are People Waking Up To Online Dispute Resolution?

joshua-sortino-215039.jpgTechnology is playing an increasingly important role in all aspects of our lives. Digitalisation has transformed the way we communicate, work, access information and consume goods. However, while making many things easier, the use of technology also creates new problems – in the form of unprecedented complex disputes and the constant evolution of the online services. Read more

Posted by Mirèze Philippe and Natasha Mellersh in Access To Justice, ADR, Technology