Commercial Mediation

258 articles available

In recent years, mediation has been actively discussed for the investor-state dispute settlement (ISDS) regime, particularly as a means of reducing costs and delays. This interest is one reaction to…

This is part 2 of a 3 part blog series highlighting select findsings from the SIDRA Survey 2020. To read Part 1, click here. The SIDRA Survey delves into the user experiences of Legal Users (lawyers…

Following up on a series of posts initiated last March associated to the Brazilian General Data Protection Act, the following article is co-authored by Gustavo Carneiro, a dear friend and expert on…

  The impact of the COVID-19 pandemic on the administration of justice has led to commendable judicial innovation, such as the use of virtual hearings, while much of the workload has been postponed…

"Racially discriminatory behavior may be reduced more effectively when racial issues are made salient rather than ignored or obscured." (1) This week I've been thinking about white privilege. Ok, my…

Crises by the name COVID19 has caused disruption in many areas of life, which could and often is the source of tensions and disputes. It was therefore natural throughout this period to be hearing…

  In lock-down it can be a challenge to differentiate one day from the next. We’ve all been a bit less fastidious with our general presentation and dress and we have become very used to the domestic…

Many mediators are finding themselves with a little extra time on their hands during the pandemic. As others on this blog have noted there is a positive aspect to this as we are able to think more…

  Mediation can be an intense experience for parties and their advisers. Often there is a lot on the line. In the substance there may be money, control, reputation, pride. In the process, there…