Asia Section


Asian Mediation Articles


Ronald S. Kraybill

New Trainers Guides

(12/28/18)Ronald S. Kraybill

Every person, every organization, and every community faces conflict throughout the life cycle. These guides are designed to help everyone.

Supreme Court of India - Mediation Training Manual

(12/28/18)Supreme Court of India

Mediation has emerged as a fast growing disputes redressal mechanism. The Supreme Court of India has constituted Mediation and Conciliation Project Committee (MCPC) to oversee the effective implementation of Mediation and Conciliation in the country.

Arjun Pal

The Impact of Mediation in India

(12/24/18)Arjun Pal

In this article, Arjun Pal discusses the impact of mediation in India.

Dan Simon

Self-Imposed Ground Rules: The Only Kind Worth Having

(12/23/18)Dan Simon

“You might be wrong. Your voice can be big. Genuinely listen.”

Beth Graham

Where To, MeToo?

(12/23/18)Beth Graham

In her journal article, Professor Sternlight discusses her views on the potentially negative consequences of mandatory arbitration in the employment context as well as the waning impact of social movements such as MeToo.

Michael A. Zeytoonian

Peacemaking: The Fulfillment of the Legal Profession

(12/23/18)Michael A. Zeytoonian

"If you want to make peace with your enemy then work with your enemy. Then he becomes your partner." ~ Nelson Mandela

Mediation in India

(12/20/18)Mehka Sharma

Mediation is an age old process of dispute resolution practiced since Vedic period. It is a low cost, keeping the matters, especially family matters secret among three parties, two parties and the mediator. Moreover the solution is not imposed on any party, it is a solution that both the parties agreed to. It, thus gives an effective solution in a peaceful manner.

Tammy Lenski

4 Handy Principles for Deciding When You Can’t Agree

(12/14/18)Tammy Lenski

When you can’t agree even with your best effort, having fallback criteria can break the agreement logjam and allow you get on with other things.

Ronald S. Kraybill

Thomas-Kilmann, Hammer’s ICSI, or Style Matters?

(12/14/18)Ronald S. Kraybill

Trainers considering use of Style Matters as a conflict style inventory should be aware of two other options as well, the Thomas-Kilmann Conflict Mode Instrument and the Hammer Intercultural Conflict Style Inventory.

John Lande

Dispute System Design for Facebook

(12/14/18)John Lande

This article discusses dispute system design criteria for the kind of institution that Mr. Zuckerberg suggested.

Colin Rule

Empathy

(10/26/18)Colin Rule

I travel all the time for my job--and part of the traveling experience is vulnerability.

Muhammed Rafeeque

Two Points: Detrimental to any Mediation Process

(10/26/18)Muhammed Rafeeque

The post is about TWO points which may go against the Mediation Process in India: (i) A constant persuasion of Mediator on either parties would have opposite effect.

F. Peter Phillips

Concerns on the New Singapore Convention

(10/13/18)F. Peter Phillips

The United Nations Commission on International Trade Law (UNCITRAL) has announced agreement on a “United Nations Agreement on International Settlement Agreements Resulting from Mediation.”

Juhi Gupta

Mandatory Pre-institution Commercial Mediation in India

(9/24/18)Juhi Gupta

This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?

F. Peter Phillips

Mediation Summit in Changsha, China

(9/17/18)F. Peter Phillips

This historic Chinese summit discussed discussed implications of the Belt/Road Initiative, announced five years ago.

Eunice Chua

Feel The Earth Move – Shifts In The International Dispute Resolution Landscape

(8/24/18)Eunice Chua

Two common themes emerged from a recent panel discussion. First, the idea of a growing ecosystem; and, second, a changing culture.

Chris Poole

Exciting ADR Developments in China and Hong Kong

(7/02/18)Chris Poole

Navigating the United States’ approach to mediation can be tricky for international firms as there is no uniform approach.

Jonathan Rodrigues

India’s Internet Citizens Can Finally Settle Online!

(6/07/18)Jonathan Rodrigues

This millennial generation demands quick, accessible and tech-ridden supply of solutions to all its needs. How, then, does this generation remain indifferent and accommodating of the traditionally inefficient court system?

Kenneth Cloke

Reflections on North and South Korea

(5/17/18)Kenneth Cloke

As I write these words, a meeting is being organized in Singapore between the US and North Korea, and it is worth reflecting for a moment on how it happened that the world suddenly changed.

Jan Sunoo

Make Mediation a Life Skill and a Core Value

(2/08/18)Jan Sunoo

Mediation is not neutral. The process itself is full of implicit principles and valuable life lessons.

F. Peter Phillips

Singapore: The Hub of International Commercial Dispute Resolution

(11/06/17)F. Peter Phillips

In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary richness of Singapore as a world center for international commerce and commercial dispute resolution.

Sandeep Bhalothia

Mediation in Domestic Violence Case: Whether to Use or Not to Use? – An Indian Perspective

(9/22/17)Sandeep Bhalothia

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.

Peter T. Coleman

World Peace: How Do We Keep Nations from Thermonuclear War?

(8/18/17)Peter T. Coleman, Morton Deutsch

This article describes ideas on peace and justice from the career of Morton Deutsch.

Peter Adler

Into the Mediator's Gray Zone

(8/14/17)Peter Adler

Like other mediators and arbitrators, I work in the gray zone of human affairs, the interstitial area between hard positions, contending oppositions, and powerfully different assertions about what is “the truth.”

Nadja Alexander

Towards a Harmonised Approach to Mediation Legislation in Asia?

(3/17/17)Nadja Alexander

In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.

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