(1/08/21)Anwar Kashif Mumtaz
When you hear about the word landscape of dispute resolution, the first thing that comes to the mind of the people is litigation before a court of competent jurisdiction. However, the parties need to be made aware that the landscape of dispute resolution is wider. It includes along with litigation, arbitration and mediation.
“Never let a good crisis go to waste” – Alistair McIntosh
Empty threats in dispute resolution change nothing.
(12/28/20)Ranse Howell, Kim Taylor
JAMS Senior Vice President, Chief Legal & Operating Officer Kimberly Taylor and Director of International Operations Ranse Howell join Mayer Brown partners Charles Harris and Kwadwo Sarkodie on their podcast mini-series, “International Arbitration Across the Pond.”
It is to be noted that Mediation is not just about settling disputes or getting back people together. It also extends to making adequate arrangement for the welfare of family members in cases of separation.
(11/20/20)John Brand, Felicity Steadman
Many South African Schools are facing demands to change and even to radically transform themselves. Some of these demands relate to the ‘isms’ such as racism, and other identity related issues.
Use these strategies to avoid pitfalls and make the most out of virtual mediation. Especially during Covid-19, virtual mediation can and must be facilitated with excellence.
This article looks at how to resolve your property dispute as a commercial tenant, home renter, or landlord.
(11/06/20)Shirish Gupta, Chris Kwok
From health and safety concerns of the COVID-19 pandemic, to systemic discrimination issues amidst the Black Lives Matter movement, to continued fallout from the #MeToo movement, employers are currently facing a unique environment that is both increasing the number of workplace disputes and changing how they handle the disputes.
A workplace that provides meaning and a sense of self-worth to its employees and equips them with skills to handle positively the challenges that exist when there are differences and disagreements, nurtures a leader fulfilling the mission and vision of the organization.
The inaugural ODR journal: Opening Ways of Knowledge for Hispano America.
This article discusses mediation in Greece, how the “Journey” started and the current situation.
(10/26/20)Leon Chung, Guillermo García-Perrote
International arbitration continues to play an increasingly important role in Australia. In this note, the authors canvass some of the key developments in the international arbitration space in 2020.
(10/19/20)Jim Melamed, Clare Fowler, Colin Rule
Mediation 20/20 Complete Day 3 Video: (1) Envisioning Mediation for a New Generation - Where Should We Go? Technology and New Generational Expectations; and (2) Moving Forward - How Do We Get There?
Promoting the Mediators Green Pledge is now the purpose of a new WoMACC site. It seems to be one way to commit to our future. I invite you to sign up to the Green Pledge and to promote it to those you know and work with.
(10/16/20)Gary Birnberg, Ranse Howell
This article discusses new opportunities for cross-border mediation, collaboration and dialogue.
In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.
(10/09/20)Ved Thakur, Yash More
Article 30 of the UNCITRAL Model Law on International Commercial Arbitration encourages resolution of disputes through a settlement between parties by way of mediation.
(10/09/20)Shreya Sukhtankar, Jay Kakani
International mediation has become one of the most significant methods of managing cross-border conflicts. In this article, the authors have traced the emergence of mediation in international relations over the years.
As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.
(10/02/20)Sandeep Bhalothia, Nisshant Laroia
This article will provide a brief overview of the current status of Online Dispute Resolution (ODR) in India by examining the opportunity and challenges the ODR brings and faces receptively in India.
It is a duty, I believe, on the part of those who belong to the legal fraternity, to do the needful to disseminate the same by participating and organizing legal awareness drives, so that in the long run, the scope of alternate dispute resolution not only looks good in the black and white text, but also as being applied and implemented in its practical sense to reduce the load on our already over-loaded judiciary, and also to aid in the speedy settlement of disputes and better the access to justice.
A blanket “no settlement” policy may not be in the best interests of the company’s bottom line. There are three instances where companies should put aside their instinct to litigate and explore mediation.
The purpose of this paper is to consider how it is possible to improve the current mediation training in England and Wales.
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Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.