There seems to be a presumption that being a mediator implicates public policy, and that the practice of mediation needs to be somehow regulated for the public good. In my region, for example, one must demonstrate training, skills or both in order to be listed on various court-annexed mediation panels. At...
Tag Archives: Culture
The ADR Committee of the ABA Trial, Tort and Insurance Practice Section (TIPS) sponsors a periodic series of telephonic programs on the Psychology of Conflict Resolution. The programs are organized and moderated by San Francisco mediator Elizabeth Bader, a professional of wide-ranging gifts whose friendship I and many others value...
The 18th gathering of the World Forum of Mediation Centers was held under the auspices of the Union International des Avocats in Prague, Czech Republic, on June 7-8, 2013. Mediators and Centers came from the U.S., Canada, Algeria, Iraq, Bahrain, Ireland, France, Czech Republic, Greece, Belgium, Italy, Netherlands, Germany, Lebanon,...
The second student paper addresses negotiation in China. The author, Justin Shain, lived in China for a period. What makes this paper so appealing is the ease and authority with which various strains of the robust Chinese culture are woven into a clear and useful piece of guidance for the...
Bob Mnookin of Harvard's Program on Negotiation has a buddy named Spock. Spock is available to Bob whenever, like Faust, Bob meets the Devil and is enticed to cut a deal with him. In his 2010 volume, Bargaining With the Devil: When to Negotiate, When to Fight, we get the opportunity...
The final paper from a student in the International Commercial Dispute Resolution course at New York Law School discusses the present state of commercial mediation, conciliation and arbitration in selected jurisdictions in Africa. The author also identifies certain political and commercial attributes that are missing in the region and that,...
Med-Arb and other hybrid processes have been received with reluctance in the United States and UK, mainly because of ethical concerns of the arbitrator. Outside of common law countries, however, the legal culture has been more welcoming to the involvement of an adjudicator -- whether a judge or an arbitrator -- in...