disputes

The Global Pound Conference = A Global Workshop

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I spent the past year helping organise the Florence GPC, which took place on 9 June 2017. The experience has been inspiring and even thrilling. Above all, it has changed how I think about dispute resolution.

In order to engage different stakeholders, I often found myself explain what the GPC is, what it aims to accomplish, and how it is going about its mission.  Local institutions, speakers, chairs, potential sponsors, mediators and all the people which I have spoken to have been fascinated by the initiative, but often requiring at least 20 minutes of explanation.

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Posted by Chiara Tondini in Introductory Guide, Mediation

The Ingenious Judge – A Children’s Book

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Judge Luciana Breggia, President of the second section of the Tribunal of Florence, offers an insight into her illustrated book ‘Il Giudice alla Rovescia (The Ingenious Judge)’ which seeks to teach children about the foundations of justice, as well as essential skills in resolving conflict.

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Posted by Luciana Breggia in Access To Justice, ADR, Education

Chief Justice Sundaresh Menon On Mediation And The Rule Of Law

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An analysis of why mediation should be considered as part of the rule of law was given by the Honourable Chief Justice Sundaresh Menon, Supreme Court of Singapore, to the The Law Society Mediation Forum in Singapore on 10 March 2017.

The following is a series of excerpts from a speech recently given by the Honourable Chief Justice of Singapore. It is particularly important in that it not only suggests that ADR (including mediation) should be included in the range of procedural options available to the judiciary, but it goes one step further in concluding that the inclusion of mediation in the range of procedural options given to the parties promotes the rule of law. Read more

Posted by Chief Justice Sundaresh Menon in Access To Justice

An Education In Negotiation

joanna-kosinska-129039Business schools (though, sadly, few law schools) teach negotiation skills and techniques, but more often as an elective than as a core subject. Most people emerge from business schools and law schools as instinctive positional bargainers expressing themselves in the form of wants and demands rather than needs and interests. They tend to be touchy about negotiation. Tunnel vision and a gladiatorial approach can block their ability to explore wider prospects and better opportunities. Read more

Posted by Michael Leathes in Negotiation

Asia, Arbitration And Third Party Funding

HK skyline.jpgHistorically, third party funding has been prohibited in many Asian jurisdictions, including the busy litigation markets of Hong Kong and Singapore. However, recent changes to regulations on third party funding in both jurisdictions are likely to be a further boost to the region, which has already become popular destination for arbitration – overtaking many traditional competitors. Read more

Posted by Natasha Mellersh in Access To Justice, ADR, Arbitration

The Mediation Process: When And Why It Is Used

A photo by Steve Halama. unsplash.com/photos/NPKk_3ZK2DY

Mediation can be successfully deployed at any point in the timeline of a dispute – either before proceedings are issued, afterwards, up to, and even during trial. It is, after all, a facilitated negotiation and represents an opportunity to settle early, reducing stress, acrimony and legal costs.

Defining mediation is arguably a futile task: in the same way we accept that ‘beauty is in the eye of the beholder’, mediation is whatever users can imagine and can agree it to be. Thus, there are many different approaches, which vary widely according to users’ needs and the demands and timing of the case.

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Posted by Matthew Rushton in Introductory Guide

Ask An Expert: Sophie Nappert

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Sophie Nappert, an Arbitrator in independent practice at 3 Verulam Buildings in London, discusses the importance of the drafting process and the increased use of technology in international arbitration. Read more

Posted by Natasha Mellersh in Arbitration, Ask An Expert

The Role Of ADR In Commercial Dispute Resolution: A Brief Overview

chess.jpgAlternative dispute resolution (ADR) has a critical role to play for in-house counsel seeking to do more with less, but it remains something of a novelty as compared to the centuries-long tradition of courtroom litigation.

While there were many international arbitrations in the nineteenth century and into the early twentieth century, they tended to be pursuant to treaties under public international law with states acting against other states on behalf of their nationals and their commercial interests. Such arbitrations tended to be between imperial powers – British, Dutch, Portuguese or Soviet – and only following the dismantling of these empires and the consequent explosion in the number of independent nation states did international arbitration become the mainstream concern it is today. Read more

Posted by Matthew Rushton in Introductory Guide

The Mexico City Global Pound Conference

Scenic view at Basilica of Guadalupe with Mexico city skyline

The Global Pound Conference (GPC) Series 2016-17 is taking place in different locations all around the world over the next year, with the aim of facilitating the development of 21st century dispute resolution tools and finding answers to different questions in alternative dispute resolution (ADR).

The GPC Series, which officially launched in Singapore on 17-18 March, 2016, is set to hold the last scheduled event in London in July 2017. Over 25 countries worldwide have already committed to holding a GPC event with a total of 42 events and that number may still go up. Read more

Posted by Nuria Gonzalez-Martin in LOC Coverage

Chart Of Dispute Resolution Stages And Steps

 

Today, because of the flexibility, adaptability and versatility of ADR, Users of dispute resolution processes have available to them a wide variety of techniques that can be used to prevent, control and resolve disputes. New techniques are constantly being developed to deal with the wide variety of potential disputes that can occur in any kind of relationship, and at any stage in the development or escalation of a problem or dispute.

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Posted by James P. Groton in Introductory Guide