negotiation

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

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.

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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.

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

Ask An Expert: Juan Antonio Ruiz

Juan Antonio Ruiz

Juan Antonio Ruiz, Partner at Cuatrecasas in Barcelona, Spain, discusses a number of significant disputes trends, including hybrid clauses, online dispute resolution and the growth of mediation. Continue reading →

Posted by Natasha Mellersh in Ask An Expert

Are hostile mediators more effective?

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New research by Francesca Gino and Ting Zhang of Columbia Business School, along with Mike Norton of Harvard Business School, suggests that the most effective mediation style might be being partial against both parties.

The academics suggest that, contrary to the received wisdom that mediators should be neutral, attentive and empathetic, an actively hostile mediator is more likely to get a good result. They discovered that a mediator’s antagonistic and hostile treatment of both parties causes adversaries to unite against the mediator, which in turn increases the parties’ willingness and propensity to reach agreement. Read more

Posted by Matthew Rushton in Introductory Guide

An Introduction To Construction Disputes

constructionMany factors contribute to construction disputes, especially if the property is based abroad. Most projects take a long time to complete, leading to uncertainties and delays that can result in disagreements. The following factors typically create international construction disputes. Read more

Posted by Ken Salmon in Construction Disputes, Introductory Guide

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

3 Signs That You (Or Your Clients) Are Dispute-Savvy

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Whether you are a dispute resolution practitioner or a commercial operator, you know that some manage to navigate the commercial dispute resolution world more effectively than others. What distinguishes those who thrive from those who barely survive?

The answer may be simpler than you think, but the implications of understanding this could have a big impact on the way you approach commercial disputes. Read more

Posted by Emma-May Litchfield and Danielle Hutchinson in ADR, LOC Coverage

Ask An Expert: Eric Chang

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Eric Z. Chang, Founder and Principal of LA-based Chang Law, speaks about key topics in international arbitration and the future of dispute resolution.

What is your current role in dispute resolution?

As counsel, I am a provider of dispute resolution. Although I act primarily in a counsel role, as with many practitioners in the international arbitration community, I also accept appointments as arbitrator.

My particular focus is on commercial international arbitration, and investor-state arbitration. I specialised in international arbitration because it is the pre-eminent dispute resolution mechanism in international transactions and international investment. International arbitration borrows from both civil law and common law concepts and practices, and clients from different legal systems also have different concepts of how dispute resolutions should be resolved. Read more

Posted by Natasha Mellersh in Ask An Expert

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