Dispute Resolution

The Street of a Thousand Blossoms by Gail Tsukiyama tells the story of a family living in Tokyo over 30 years. Two brothers, one a sumo wrestler and the other a maker of Noh theater masks, are forced…

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed…

  Covid is the gift that keeps on giving. It has provided a wonderful focus for blame that has let us off the hook for a lot of things. It has coincided with significant changes in our mediation…

Just recently (November 4th), hackers attacked Brazil’s Superior Court of Justice (Superior Tribunal de Justiça - STJ). Not only they had access to the Court’s system and encrypted its entire…

In 2015, I retired as an American law professor. For most of my career, I used some of the basic concepts of our field such as negotiation, BATNA, positional vs. interest-based negotiation, and…

Interest is growing in the use of mediation for investor-state disputes. Recent webinars on investor-state mediation (including SIDRA’s recent webinar) have explored ICSID’s new investor-state…

The introduction of the Singapore Convention on Mediation (SCM) last year has intensified the long-standing debate on professional mediator standards. A previous blog post called for China to…

Settlement agreements reached through mediation are mere contracts and not court decisions. As such, and in the absence of a statutory framework, enforcement of mediated settlements can only be…

I say regularly that students make the best teachers. My students continue to prove me right. In my recent ADR program I confessed to my undergraduate students that having a conversation about…