In recent years we have learned a lot more about what have become known as cognitive biases and how they may play a part in negotiation and mediation. These are mental shortcuts that save energy and…
On 29 January 2021, the European Union and Canada adopted four decisions providing for specific rules regarding the Investment Court System (“ICS”) agreed in the 2016 EU-Canada Comprehensive Economic…
In a few weeks’ time I will come to the end of a two-year mediation engagement in South Eastern Europe. The conflict in question relates to environmental pollution. The issues are complex and…
Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the…
Last week I was interviewed by the communications specialist whose role is to develop a communications strategy for Mediators Association of Georgia. By interviewing mediators, he wanted to get a…
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…
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…
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…