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Rafal Morek (CMS)
What Happens in Mediation Stays in Mediation: New Standards of Informed Consent to Mediation in California
September 20, 2018

Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that…

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James Claxton (Waseda University), Luke Nottage (University of Sydney & Williams Trade Law)
Getting Into Gear: The Japan International Mediation Centre - Kyoto
September 17, 2018

These are heady days in international mediation circles. A panel discussion earlier this summer at an UNCITRAL conference entitled “Feel the Earth Move – Shifts in the International Dispute…

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Constantin-Adi Gavrila (ADR Center Romania)
Mandatory “mediation attempt”
September 14, 2018

Four years after Romanian Constitutional Courts’ Decision no. 266/2014 has put mediation in Romania to freeze, this year the Parliament has adopted a set of amendments to the Law of Mediation. It…

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Ting-Kwok IU (Kwok, Ng & Chan, Solicitors & Notaries)
Seeing Is Interpreting - We Are All Blind In Different Ways
September 12, 2018

Quite often, we hear mediators and mediation trainers using the fable of "Blind Men and an Elephant", which is a story about several blind persons describing an elephant differently out of their own…

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Andrea Maia (Mediar360 - Dispute Resolution ), Daniel Becker (Tauil & Chequer Advogados)
Online Dispute Resolution (ODR) in Brazil: a major opportunity for stakeholders
September 09, 2018

The arrival of the internet age has posed many new challenges as a larger part of the economy has started to operate online and transnationally with a new emerging framework. After the spread of the…

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Rick Weiler (Weiler ADR Inc.)
Why Don't We Mediate the "Big" Disputes?
September 06, 2018

  Steel pipe to be used in the oil pipeline construction of Kinder Morgan Canada's Trans Mountain Expansion Project sit on rail cars at a stockpile site in Kamloops, British Columbia, Canada May…

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Paul Eric Mason (International Counsel, Arbitrator and Mediator)
Corporate Culture And Business Mediation
September 04, 2018

Culture Includes Corporate Culture in Business Mediations Many articles have been written about cross-cultural negotiation and the role of culture of participants in international mediations.…

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Juhi Gupta (Shardul Amarchand Mangaldas & Co.)
Mandatory Pre-Institution Commercial Mediation In India: Premature Step In The Right Direction?
September 01, 2018

The Indian parliament passed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 (“Bill”) on 10 August, 2018. In a potentially…

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James South, Andy Rogers (CEDR - Centre for Effective Dispute Resolution)
What Might Artificial Intelligence Mean For Alternative Dispute Resolution?
August 30, 2018

Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession…

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John Sturrock KC (Core Solutions Group)
Guerrilla Gardening - and a Plea for a Universal Declaration of Interdependence
August 28, 2018

My colleague and fellow Kluwer author Charlie Woods has likened my scatter-gun approach to starting new projects and coming up with new ideas to “guerrilla gardening”. I am sure he means it as a…

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