John Nash died this week, in a tragic car accident. John Nash was the Nobel-prize winning mathematician whose theory of non-cooperative games published in 1950 has been described as one of the top ten ideas in economics in the 20th century.
His theory introduced and explored the concept of what is known as Nash equilibrium. According to the New York Times obituary, Nash equilibrium provides a conceptually simple but powerful mathematical tool for analysing a wide range of competitive situations, from corporate rivalries to legislative decision-making. It builds on the notion that, in most real world interactions, there is potential for more than a zero-sum game. Players’ interests are not [...]
In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial system”.1 Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate in a series of unique thought leadership events around the globe under the auspices of a Global Pound Conference (“GPC”) series.
The GPC has a remarkable goal: to shape the future of dispute resolution and access to justice in the 21st Century.
An invitation to shape the future of dispute resolution
The bold program, which will generate debate an [...]
‘Justice’, an “all-party law reform and human rights organisation working to strengthen the justice system” launched a new report on April 23rd entitled ‘DELIVERING JUSTICE IN AN AGE OF AUSTERITY’. The report could be described as a plan to deliver justice despite the cuts. It proposes a transformation of the court system in England and Wales, supplementing its venerable adversarial system with a more inquisitorial approach. Unfortunately the proposal, while altering both personnel and process, leaves untouched the mindset and philosophy of the justice system.
The report opens with a critique that it is “increasingly difficult for ordinary people to navigate an adversarial justice syst [...]
I was twenty-five years old when I joined Young Mediators’ Initiative (YMI) and first participated at the Andalusian System for Labour Conflict Resolution (S.E.R.C.L.A) as an official mediator. At SERCLA, we normally have an average of ten people at the mediation table. Sometimes, not only am I by far the youngest person in the mediation table, but sometimes I am also the only woman. Having just turned twenty-eight years old, I still mediate at SERCLA and I still believe I can consider myself a young mediator, both in age and in experience. When the YMI Team invited me to contribute to this blog, I thought of what I would like to read about.
Two questions came to my mind:
“How to manage emo [...]
Abraham path was the idea of William Ury and his Harvard colleagues. The idea was to follow in the footsteps of Abraham which is the origin story of the Middle East. The origin story can be phrased: ‘4,000 years ago, a man and his family walked across the Middle East, and the world has never been the same since’. Abraham stood for unity of the family, the family being everyone – the interconnection and unity of all mankind. William Ury sees Abraham’s story as the symbolic third-side of the Middle East, and the path as a link that crosses in and out of 10 countries, some with difficult or what seem impossible conflicts. The idea is that the story of Abraham links all those countries a [...]
This year in the UK we are celebrating the 800th anniversary of the Magna Carta, or “Great Charter”. Signed in 1215, it remains one of the most famous documents in the world, and central to the British constitution. In mediator parlance, it is a “settlement agreement”. It came into being as a compromise between King John of England and the Barons who challenged his authority, and it established for the first time that everyone, including the king, was subject to the law*.
Interestingly, and less well-known, this deal was mediated. Archbishop Stephen Langton stepped into the role, holding separate talks with each side to hear their grievances, and ultimately bringing them together [...]
I’d like to spend this month’s blog entry providing an update on a Singapore development. On the 4 March 2015, there was the launch of the State Courts Centre for Dispute Resolution by the Chief Justice of Singapore, Mr. Sundaresh Menon.
At the same time, Thomson Reuters also launched their book “Mediation in Singapore: A Practical Guide” which houses the contributions of a diverse group of mediators and mediation advocates in private practice, academia, judiciary and government.
This author hopes to provide a review of this book in a future entry. For the moment, this entry will focus on the State Courts Centre for Dispute Resolution.
The State Courts has had a long relationship [...]
As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the mediation of my clients matter conducted?
Say your client is a multinational corporation doing business with numerous organizations around the globe. Your advice is to insert a dispute resolution clause with mediation as a central component. Typically we select jurisdictions with which we are familiar to do business with. Smits explains the research that backs this up. This is sometimes referred to as the status quo bias. It might be our own jurisdiction or it might be another internationally we [...]
As the world of business develops at an unprecedented pace, we all are constantly facing new challenging situations which we must rapidly understand, find new solutions to and, in some cases, adapt ourselves to. A global net of co-operations, business opportunities, market resources and novel technologies has inevitable spanned across our world of business.
Along with any innovation and development comes a new challenge and with that a new method to deal with it. Unsurprisingly, the segment of dispute resolution is no different from the others and also needs to rapidly adapt to the fast paced developments in the world of international commerce. Globalized, multicultural and highly complex t [...]
This is a blog I have shied away from writing. Several times. Even now, as I do so, I am wary of it. But here goes. I’ll come right out with it.
Very few women feature on the lists of “top” commercial mediators.
This year’s Who Who Legal World’s Top Ten features precisely….none. Seriously? Come off it.
Perhaps it was a mistake? Nope. Check out this year’s UK Legal 500. Three of the top twenty are women. This year’s UK Chambers Directory? Four of the top nineteen (though with a big shout for Frances Maynard who tops the list).
Now, I am no student of gender politics or history. And I don’t think of myself as a feminist, or a misogynist, or any other r [...]