I don't mean to argue against the undeniable wisdom of inserting a dispute resolution clause in a commercial contract at the drafting stage.
Conventional wisdom says settle your disputes as…
This fall, I taught a course on “Managing Litigation for Corporations” at the Straus Institute. The following post is a summary of some insights that came out of the experience. I felt that this…
The title of this blog stems from an exercise I engaged in with my Negotiation and Mediation class towards the end of the semester, in which we sought to bring some of the threads of the preceding…
Recently I had contact with the Design Thinking process, which is a creative problem solving approach that attempts to bring together tools and techniques from several disciplines and apply them to…
What constitutes effective mediation advocacy? Litigation lawyers in an ever-increasing number of jurisdictions around the world understand that mediation is becoming or has become the primary…
The destruction of Syria’s stockpile of chemical weapons was a major event that happened in the world this year and is a testament to mediated negotiations in which words trumped force in getting the…
I recently had the pleasure of attending the Tan Pan [谈判 means "Negotiation" in mandarin] Symposium held in Hong Kong from 1-2 November 2013. This was organized by the International Institute for…
In a one day survey of Domestic Violence Services provided in Ireland on this day last year (6 November 2012), the following statistics were recorded: 537 women and 311 children were accommodated and…
Mediators deal in words – not exclusively, but a great deal (and perhaps sometimes too much, but that's another blog). So it pays for us to think carefully about what words really mean.
A couple of…
As mentioned in a previous post, this month I will briefly talk about two high profile cases from the corporate sector which helped to improve mediation awareness in Brazil and, due to its widespread…
