What's New
Arbitration and the Power Sector in Brazil (5/10/13)
Gilberto Giusti One of the segments of the infrastructure sectors in Brazil that have lately triggered the greatest amount of disputes are the power generation, distribution and trading sectors. In effect, there’s little disagreement in Brazil nowadays that, just as with other sectors that could also be mentioned here (such as oil and gas, sanitation, ports, etc.), in the power sector in general the arbitrators and the lawyers defending the interests of the litigants must have expertise in or at least deeper technical knowledge of the matter in controversy, namely as a result of the complex regulations that followed the introduction of the new regulatory framework for the Brazilian power sector through Law No. 10,847 and Law No. 10,848 of 15 March 2004.
Survey Shows How Mediation can be Successful (4/08/13)
Victoria Hall Clarks Legal LLP recently undertook a survey on workplace mediation. The survey looked at the use of mediation and what barriers there might be to the use of mediation as well as success rates and what if any further information or support might be required.
A Call for Evidence Based Standards for Mediator Quality (3/15/13)
Gary Weiner The use of Mediation as a primary means of resolving disputes, as practiced in the United States since the early 1970’s, has been thoroughly institutionalized as a part of civil litigation in many parts of the world. The basic thesis of this paper is that a rigorous and intellectually honest approach to understanding “how to mediate well” must be based on empirically verifiable information and not on untested assumptions or dogmatic beliefs about “what makes good mediation.”
Making a Mountain Out of a Mole-Hill (12/27/12)
Cinnie Noble When we begin to experience irritation about something happening with another person, our thoughts and feelings sometimes go to places that are not helpful for the situation and relationship with the other person. We may not always be aware of what is exacerbating things, but before we know it our initial responses have taken twists and turns that only serve to complicate matters. As things expand in our minds and hearts, we often find ourselves more and more conflicted, confused, and upset. As things get bigger they may not even be a reasonable facsimile of what they were in the beginning.
Negotiating Happiness: Managing Peoples’ Predictably Irrational “Focusing Illusions” - Part 1 (11/18/12)
Robert Benjamin This is Part 1 of a two-part series. This first part discusses how most human beings concoct out of their 'messy' human brains, an emotional state, often labeled 'irrational,' which neuroscientists and psychologists identify as a focusing illusion of happiness. Most conflicts can be usefully understood as a collision between peoples' differing notions of happiness an often resistant to remediation by reasoned approaches. The forthcoming Part 2 will consider the 'rationally irrational' negotiation strategies and techniques necessary to manage focusing illusions.
Resolving Logistics: An Online Negotiation (11/12/12)
Phyllis Pollack Analogizing to employment litigation in which a terminated employee sues and is stuck in the past, dwelling on the old job and boss until she gets a new job and then starts putting the termination behind her, I decided that the best way to get over Argus was to get another dog. So, my husband and I went online to the English Springer Spaniel Rescue (ESRA) and started looking for dogs. We soon found “Cookie”- an adorable 2 year old female who is listed as being in Fort Collins, Colorado but is actually living in Rock Springs, Wyoming.
Recognition of International Arbitration in Ukraine in Figures (10/26/12)
Konstantin Pilikov Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not-entirely arbitration-friendly jurisdiction is “promoted” because of problematic enforcement of arbitral awards in Ukraine. However, in recent years the Ukrainian legal system demonstrated significant progress in adherence to the arbitration-friendly approach.
UN Guide for Effective Mediation - Video (10/23/12)
United Nations With armed conflicts trending upward again and proving increasingly complex, the challenges are also mounting for mediators working to resolve them through negotiations. Newly developed guidance from the United Nations can help them to succeed, providing practical advice for navigating mediation processes effectively. This video describes the 8 UN fundamental guidelines.
Changing of the Tides (10/09/12)
William Keller This mediator wonders about changing his mediation practice to reflect the changes he sees in the economy. He discusses the upsides to his clients, the downsides for him, and invites feedback from other mediators who are considering the same options.
An Update To Proposed Mediation Regulation (9/11/12)
Phyllis Pollack On August 3, 2012, I posted a blog about Resolution SR-05-01-2012 that was proposed to the California Conference of Bar Associations by Bay Area Lawyers For Individual Freedom. Jo Hoenninger, Esq. is its author. The proposed resolution, if passed by the Conference at California’s Annual State Bar Convention would not only change the definition of “mediator” in California but also implement mediator regulation by the State Bar of California.
Performance-Enhanced Arbitration? The CAS Ad Hoc Division (8/27/12)
Elizabeth Kantor For those of us in the arbitration world, the closing ceremony which took place on 12 August 2012 not only marked the end of the London Olympic Games. It also signalled the conclusion of the jurisdiction of the Court of Arbitration for Sport’s (‘CAS’) Ad hoc division (the ‘CAS AHD’) (as it will not be in operation during the Paralympics).
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