The use of mediation in resolving consumer disputes has always been a subject of curiosity, generating much debate.
In this article, I aim to identify two opposite interests associated with the settlement of domestic violence cases, and look at the Indian law to see how those two interests are equitably balanced, therefore, providing a recommended way forward, not necessarily a perfect one, to handle cases related to domestic violence.
(8/21/17)Jenny Driver, Mirella Kreder, Gracious Timothy
Following two successful editions of the IBA-VIAC Consensual Dispute Resolution Com-petition in Vienna, Dispute Resolution literally went international again in its 3rd generation in July 2017.
(8/18/17)Peter T. Coleman, Morton Deutsch
This article describes ideas on peace and justice from the career of Morton Deutsch.
(7/21/17)F. Peter Phillips
An upcoming mediation conference looks like it will be very educational.
What does culturally competent compassion mean? Is it knowing when and to whom, male or female a hand should be offered?
This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.
Oslo by J.T. Rogers, awarded a Tony on June 11, 2017 for best Broadway play of the season, documents the backstory secret negotiations which led to the Israeli-P.L.O. Peace Accord of 1993. This negotiation highlights the power of humility, patience and persistence.
This is important for crisis and hostage negotiators to read and understand as it presents the potential perspective of a terrorist-subject when the incident involves a hostage standoff situation.
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
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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.