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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…