ADR

My guess is that most of my fellow authors on this blog, and probably a high proportion of readers, work in a mediation environment is which clients are represented by counsel. Indeed, if you track…

In Australia we have long experience of compulsory mediation prior to litigation in cases where a presumed power imbalance exists – such as retail tenancy and farm debt disputes. However, compulsory…

While working on the manuscript for a book published last year (Negotiation: Things Corporate Counsel need to know but were not taught - Wolters Kluwer, 2017), I submitted a draft to an eclectic peer…

You can get much farther with a kind word and a gun than you can with a kind word alone. Al Capone This popular quote attributed to the famous US mobster announce the use of force and other dirty…

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of…

During a trip to Vienna some time ago, I attended the “ICC Commission on Arbitration and ADR Meeting” where I had the opportunity to hear Toby Landau QC, a brilliant barrister and arbitrator from…

Readers who are experts on the wartime British Prime Minister or have recently watched “The Darkest Hour” may find the above caption familiar. Yes, it has been inspired by Winston Churchill’s famous…

As Chip and Dan Heath describe in their book Switch: How to Change Things When Change is Hard, we are rational beings with a “Rider” that logically analyzes our surroundings. Our Rider tries to…

For many student mediators across the globe, the start of the new year will bring the final stages of their preparation for two mediation competitions. Next week, the Lex Infinitum competition will…