Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The Agreement to Arbitrate and the ‘Applicable Law’.”
On the evening of Tuesday March 28th 2017, a pop-up mediation event on Brexit took place
at the Grassmarket Community Centre in Edinburgh.
This paper looks at the problem of diminishing access to family justice in British Columbia from a court users perspective, and the interplay of dispute system design and culture in terms of helps and hindrances to these innovation efforts.
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.
This article identifies four distinct mediation models that EU Member States have used in implementing the Directive: Full Voluntary Mediation; Voluntary Mediation with Incentives and Sanctions; Required Initial Mediation Session; and Full Mandatory Mediation.
David Weiss, the Director of the Institute for Dispute Resolution (IDR) at New Jersey City University. , is interviewed by Laura A. Kaster, President of the Justice Marie L. Garibaldi New Jersey Alternative Dispute Resolution Inn of Court.
As mediation and other settlement-oriented intervention strategies have come into broader use in commercial dispute resolution, different views have emerged regarding the nature and purpose of some of these processes as a result of both individual choice and cultural or systemic factors.
This article discusses engaging with “the enemy,” building relationships, separating people from the problem, listening to and understanding deeply, finding “win-win” solutions to intractable problems based on interests rather than polarised positions, and accepting and acknowledging our own imperfections.
(2/22/17)Kenneth Cloke, Peter Adler
The use of mediation has grown and evolved over last the thirty years. As the “founders” begin to retire and new voices emerge, what is the future of mediation from a global perspective?
The inmates of Darwin’s Berrimah Prison are shown in a new light in Australia’s first documentary musical. The inmates share their feelings, faults and experiences in the most extraordinary way – through song.
On March 1st, the International Court of Arbitration of the International Chamber of Commerce’s (“ICC”) newly revised rules designed to enhance efficiency and transparency will become effective.
(1/20/17)Raul Pereira de Souza Fleury, Daniel Dilor, John Lande
Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in which a sovereign State is involved, as in investment and State-to-State arbitration.
What is Negotiation? Actually, it is surprisingly difficult.
(12/23/16)Daniel Dilor, Maria Medina
Conflictos de Importacion. Cuando los Conflictos Gestados Fueran del Ambito Escolar Detonan en la Escuela.
(12/02/16)Maria Gimena Funes
Dado el fenómeno progresivo de la violencia, urge la necesidad de un apropiado abordaje en la Escuela, mediante una herramienta capaz de fomentar relaciones sinérgicas y construir espacios comunes que interpreten las diferencias y el posible enfrentamiento de intereses como instrumentos formativos.
(11/28/16)Pradeep Deshpande, Tony Belak
Is intervention possible that will permit the US society to continue to rise or to keep the decline at bay longer?
There was a prominent mediation case that hit the headlines in Germany in October and November this year.
(11/16/16)David Weiss, Christiane Rosenbaum
This is an editorial on real time updates on where we stand on significant policy initiatives affecting the cross border mediation process and what both the ADR and business community should be briefed on.
(10/28/16)F. Peter Phillips
What the West Can Learn from Chinese Mediation by Peter Phillips.
Days after June's UK Brexit Referendum, US Secretary of State John Kerry advised: 'It is absolutely essential that we stay focused on how, in this transitional period, nobody loses their head, nobody goes off half-cocked, people don't start ginning up scatterbrained or revengeful premises.'
(10/21/16)Irma Isabel Salazar Mastache
El objetivo de la presente investigación tiene que ver con conocer y analizar, desde la perspectiva teórica-conceptual de la paz integral, algunas de las posibles causas que imposibilitan u obstaculizan los diferentes procesos de mejora de la convivencia escolar, para después sugerir alternativas posibles que ayuden una cultura de paz integral.
This blog synthesises some remarks I have made recently to policy-makers in Scotland.
To the same extent that Brazilian market agents excel in their passion, enthusiasm, and capacities as business (wo)men, these fail miserably when disputes emerge with their peers, competitors, clients and/or suppliers.
It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.
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El conflicto constituye una constante básica en el desenvolvimiento cotidiano del aula. Sin embargo, esta realidad conflictiva puede mostrarnos un dinámico potencial educativo si es observada como oportunidad de aprendizaje.