Confidentiality and Transparency

I am very glad to start today a 4 posts serie with my fellow Gustavo Carneiro, a lawyer and mediator who holds a Public Policy degree, analyzing the new brazilian General Data Protection Law, which…

The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the…

Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that…

What makes good mediation law?   For those of you who have been following the plot, you will recognise this as the second in a series of three posts introducing what is now called the RRR --…

Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In…

I begin with two poetic images. One is from an 8th century Taoist poem - I asked the boy beneath the pines. He said, "The master's gone alone Herb-picking somewhere on the mount, Cloud-hidden,…

This post was prepared in cooperation with Bogdan Matei. Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality…

As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the…

In a previous post, I shared Professor Stacie Strong's call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final…