(This is a ‘letter to self’ about court ADR research sent from the American Bar Association Dispute Resolution Conference, San Francisco, April 2017.) Do Litigants Know Their Options? It’s always fascinating to come to a country where mediation is business as usual. There are some downsides to this, but the upside that immediately strikes a…

Students demonstrating cooperation

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together; with negative linkage, if the other sinks, you swim, and if the other swims, you sink.”1)Cooperation and Competition. In M. Deutsch, P. T. Coleman, & E….

I (Bill) remember doing my first commercial mediation. I was 29, and in the presence of the four parties and their advisers I felt even younger. It was not lost on me that (as Suzanne Rab recently noted in Do You Need Grey Hairs to Mediate?) people expected someone older to walk into the room….

Mediation is already here, and it came to stay. Each day there are more and more supporters of mediation – from legislators to public institutions, and professionals who are gaining more awareness about the potential of mediation. However, it also has a long way to go. Those who decided to start working in the field…

It’s a no brainer, right? Of course mediation should be free, then many more people would use it, it would solve the problem of court waiting lists and huge legal aid bills right? Shouldn’t it? Or should it. What does free really mean? Free for whom? These questions arise out of the current debate here…

This blog comes (almost live) from the Berlin Global Pound conference, held on 24 March 2017. This was the 13th in a series of 39 coordinated events on commercial dispute resolution mechanisms around the world. The name goes back to the 1976 Pound conference in St. Paul, which marked a key moment in the advent…

In November 2013, the Ministry of Law Working Group on International Commercial Mediation delivered its report on developing international commercial mediation in Singapore. Amongst the key recommendations in this report were the creation of a mediation service provider for international matters (the Singapore International Mediation Centre), the creation of a mediation accreditation body (the Singapore…

When building the Brazilian capital, Brasilia, in the fifties, Juscelino Kubitschek’s expression “50 years in 5” became famous. He was referring to the country’s expected development. Maybe a sort of analogy – ten years in one – could be used to describe the recent developments in alternative dispute resolution in Brazil. If compared to other…

“Doubt is not a pleasant condition but certainty is an absurd one.” These words of Voltaire are as apt today as they were when he wrote them in the 18th century. I don’t know about you but this year seems to be a curious mixture where some people purport to deal in apparent certainties, which…

From 11th to 14th January 2017, the second edition of Lex Infinitum was held at V.M. Salgaocar College of Law, University of Goa, Panjim, India. Lex Infinitum – law to the max – stands for an exploration of ADR in India, and particularly the promotion of mediation. The event in Goa is a mediation competition,…