Asian Mediation Articles
(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.
(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.
In this article, Arjun Pal discusses the impact of mediation in India.
“You might be wrong. Your voice can be big. Genuinely listen.”
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.
(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 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.
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.
(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.
This article discusses dispute system design criteria for the kind of institution that Mr. Zuckerberg suggested.
I travel all the time for my job--and part of the traveling experience is vulnerability.
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.
(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.”
This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?
(9/17/18)F. Peter Phillips
This historic Chinese summit discussed discussed implications of the Belt/Road Initiative, announced five years ago.
Two common themes emerged from a recent panel discussion. First, the idea of a growing ecosystem; and, second, a changing culture.
Navigating the United States’ approach to mediation can be tricky for international firms as there is no uniform approach.
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?
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.
Mediation is not neutral. The process itself is full of implicit principles and valuable life lessons.
(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.
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.
(8/18/17)Peter T. Coleman, Morton Deutsch
This article describes ideas on peace and justice from the career of Morton Deutsch.
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.”
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In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.