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Mediation Culture And The Next Generation

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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.

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

From Conference Series To Global Community – What’s Next For The GPC?

eric-didier-271433.jpgAs the Global Pound Conference Series 2016-17 draws to a close,  it is time to take stock and consider how both the data analysis and conversations from each event might inform the future of Dispute Resolution.

As an academic, I am wary to avoid drawing conclusions before the final analysis is complete; but as contributor to the series from design to data analysis , I would like to share some of the themes I see emerging from this ambitious project.

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Posted by Emma-May Litchfield in Access To Justice, ADR, Data Analysis, LOC Coverage, Mediation

Co-Mediation In A Cross-Border Context

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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?

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Posted by Gert Nilsson in ADR, Introductory Guide, Opinion

The Global Pound Conference London – The End Of The Beginning

On October 29, 2014, 150 of us, representing many stakeholder groups from more than 20 countries, attended an important convention held in London’s beautiful Guildhall. Called ‘Shaping the Future of International Dispute Resolution’ the convention was inspired by the energetic and far-sighted Michael Leathes and was organised by the International Mediation Institute (IMI), which he pioneered and several other bodies. Read more

Posted by Rosemary Howell in Access To Justice, ADR, Introductory Guide, LOC Coverage, Mediation

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.

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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.

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Posted by GPC Series in ADR, Arbitration

Effective Negotiation – Be Prepared

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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”.

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Posted by Michael Leathes in Negotiation

Ask An Expert: Luciana Breggia

Judge Luciana Breggia, President of the Second Section of the Tribunal of Florence,  speaks about the development of mediation in Italy and the crucial role education can play in forging a more effective dispute resolution culture. Continue reading →

Posted by Natasha Mellersh in Access To Justice, ADR, Ask An Expert

Ediscovery In Hong Kong: Dispelling Some Litigation & Innovation Myths

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At a recent conference in Hong Kong, attendees were asked about how to improve the dispute resolution process for all parties. Data generated from a live, technology-enabled poll of the audience led to a thought-provoking discussion on the priorities and limitations to innovation in the dispute resolution process, specifically in Hong Kong.

Panelists and attendees agreed that the region currently has a quite low-tech experience, and some of the biggest obstacles attorneys face when seeking to resolve commercial disputes are financial and time constraints. Read more

Posted by Abigail Cooke in Arbitration, Comment, Dispute Management, Technology

In Conversation With Michael McIlwrath

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Michael McIlwrath, Global Chief Litigation Counsel for GE Oil & Gas, speaks to the Singapore International Dispute Resolution Academy about global trends, key challenges, and the future of dispute resolution.

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Posted by The Singapore International Dispute Resolution Academy in Access To Justice, ADR, Ask An Expert, Negotiation

Ask An Expert: Juan Antonio Ruiz

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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

Lok Adalat: India’s Alternative Dispute Resolution Mechanism

igor-ovsyannykov-169273Scholars and academics throughout the world have noted a spike in the popularity of alternative dispute resolution. Commercial contracts, sports, family disputes and even intellectual property rights disputes are now being resolved through arbitration, conciliation, mediation and/or negotiation.

India has followed the path of global leaders in the field and has tried to make the country a seat of international arbitration. Though we have legalised the rules and regulations regarding alternative dispute resolution by introducing the Arbitration and Conciliation Act, 1996, the concept of alternative dispute resolution has prevailed throughout India for a long time. Read more

Posted by Nikunj Poddar in Negotiation