Some of us have been at the task of providing alternatives to business litigation for fifteen years. Some have been at it much, much longer. Stepping back from the fray for a moment, one might well ask: Are we any closer to where we want to go? What is the...
Our faithful correspondent Alessandro Bruni, of Concilia, writes that he and Michela Sitzia have authored an about the mediation in Italy (updated to the recent court action finding the mediation statute unconstitutional). Alessandro writes: This article is a part of a book titled “Mediation 2013 in 16 jurisdictions worldwide”, edited by...
The four films produced by Harvard's Kennedy School on mediating corporate-community disputes have been recognized with the Award for Best Publication or Communication by the prestigious Centre for Effective Dispute Resolution (CEDR), in London. I am honored to have written and co-directed these films, and also served as interviewer on two....
The interest in Abraham Lincoln sparked by the recent release of Spielberg's film prompts a reminder of Tom Stipanowich's recent article, in the ABA's Dispute Resolution magazine, on Lincoln as a counsellor and negotiator. Lincoln's oft-quoted advice, "discourage litigation," becomes far more than an adage when one considers real-life instances of his actually...
In 1984, the Philadelphia Yearly Meeting of the Religious Society of Friends published a volume called The Mediator's Handbook. The fourth edition of this wonderful book has recently been released through the Canadian publisher New Society Publishers. By now entirely independent of its initial Quaker roots, The Mediator's Handbook has...
Neither negotiation pundits nor political commentators seem very quick to pick up on an obvious fact of life: That, as negotiations continue, the underlying objective of the parties may change, and their interest may morph. ...
We have noted in various prior posts the confusion that has marked the introduction of commercial mediation in Italy. Not long ago all Italian lawyers went on strike to protest the provision that parties could settle claims without the participation of counsel. Recently we have heard about the ramifications of...