In a world where business disputes can drag on for years and generate exorbitant costs, mediation stands out as an efficient path to resolving conflicts more quickly and economically. However, when…
Fisher and Ury’s Getting to Yes (first published in 1981 and never out of print) was followed ten years later by Ury’s Getting Past No. Both made a significant impact on our negotiation…
I. Introduction
Part I of this 2-part series, dealt with the following aspects of the Act: the underlying objective behind enforcement of the Act; the scope of…
Introduction
Mediation is commonly used as a form of appropriate dispute resolution (ADR) for various types of disputes, and this is increasingly so for intellectual property (IP) disputes. As…
In his book ‘Growth - A Reckoning’, Daniel Susskind eloquently sets out what he terms the ‘Growth Dilemma’ – how to balance the promise of economic growth against its price. The promise comes…
I. Background
That India is a litigious country and that the courts have a backlog of a huge number of cases is a well-worn cliché. Against such a backdrop, the stage has been set for a mediation…
The late Michael Leathes’ enormous contribution to the development and uptake of non-determinative dispute resolution processes will be celebrated at and long after his memorial service in…
A Case to Remember: A Voyage Charter Dispute
Maritime TradeIn 2024, I mediated 72 cases, but one stood out in particular—a voyage charter dispute involving the loss of cargo during severe…
With the arrival of betting platforms and apps in Brazil, discussions about their impacts are on the rise. These games, which promise quick fun, and easy rewards, often trap players in a dangerous…
"Beat your ploughshares into swords, and your pruning-hooks into spears." Surely some mistake, I thought; shouldn’t it be the other way round? Swords into ploughshares and spears into pruning-hooks?…