Reform

The EU Online Dispute Resolution (ODR) Platform, once seen a future cornerstone of cross-border consumer protection in the European Union, has officially been discontinued. The platform will be…

Metaphorically speaking mediators will often invite parties to a conflict to get into each other’s shoes to try to help broaden perspectives and deepen understanding of concerns, issues and needs to…

The launch of the Online Dispute Resolution (ODR) Collaborative Framework by the Asia Pacific Economic Council (APEC) is set to incentivise and conceivably revolutionise commercial dispute…

  As mentioned in my last blog , the UK Civil Justice Council, in its June 2021 Report on  Compulsory ADR , endorsed the idea, contrary to the ruling in the notorious Halsey case, that unwilling…

  [Picture credit: creative commons] Good Faith is part of the Mediator’s mantra. Our opening addresses are full of it and it is something we regularly remind parties and their lawyers is an…

I wonder how many countries have public institutions that usually use mediation services to resolve disputes in which they are parties. I am not referring primarily to disputes between investors and…

Slowly but surely the dispute resolution landscape is shifting for investment related disputes. More than half the respondents to the International Dispute Resolution Survey published by the…

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…

The deeply-felt norm of conducting mediation on a single day is eroding as everyone adjusts to the realities of the coronavirus crisis and people appreciate the benefits of spreading out the process…