As the COVID-19 pandemic continues to expose obsolete business practices and force companies into uncharted territories, a disruption worth (re)considering for companies is to replace their over-reliance on litigation with mediation. In order for mediators to make this transition more appetising for businesses, we must train mediators to: 1) think more holistically through interdisciplinary training; and 2) foster cognitive diversity amongst our pool. |
Article |
The Mediation DisruptionA Path to Better Conflict Resolution through Interdisciplinarity and Cognitive Diversity |
Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | interdisciplinarity, social psychology, diversity and inclusivity, disruption |
Authors | Mark T. Kawakami |
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Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Keywords | modern mediation, principled negotiations, competition law |
Authors | Pierre Kirch |
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To analyse the advantages of mediation as a means of resolution of private competition disputes, it is helpful to look backwards to the underlying principles upon which modern mediation has been built. The principles that now guide leading mediation institutions in Europe are still based on the foundation that was laid by the methods of principles negotiations, written down in Getting to Yes: Negotiating Agreement without Giving In, by Fisher and Ury. |
Article |
Notes from the United States on Diversity in ADR (Opinion) |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Keywords | mediation, dispute resolution, diversity, United States |
Authors | Judith Meyer |
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Often being ‘the only woman in the room’, in this opinion Judith Meyer describes her concern about the underrepresentation of women, persons with disabilities, diverse neutrals and other minorities as professionals in alternative dispute resolution. |
Article |
What Is a Good Mediator? |
Journal | Corporate Mediation Journal, Issue 2 2018 |
Keywords | certification, mediation, mediator, MMMM-rule |
Authors | Thierry Garby |
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When the time comes to select a mediator, the judge, the lawyers, the parties or the mediation centre will want to find a good one. This raises two questions: what is a good mediator and how to find one? |
Article |
European Perspectives on Enforcement of Med-Arb Clauses and Med-Arb Awards |
Journal | Corporate Mediation Journal, Issue 1 2018 |
Keywords | Mediation, Arbitration, Hybrid Dispute Resolution, Due process, Europe |
Authors | Prof. Dr. Bas van Zelst |
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In Europe, mediation has historically taken a facilitative approach. It is therefore no surprise that Med-Arb – a hybrid dispute resolution mechanism combining elements of mediation and arbitration – is not high on the agenda of European politicians, academics and practitioners. |
Article |
The Legitimacy of Final Statements and Reports of National Contact PointsAn Empirical Analysis of (Final) Statements and Reports of the UK, US and Dutch National Contact Point of the Organisation for Economic Co-operation and Development (2001-2016) |
Journal | Corporate Mediation Journal, Issue 2 2017 |
Authors | Sander van ’t Foort, Vivan IJzerman, Jasmin Lagziel e.a. |
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Article |
Should Mediation Be a Core Part of a Legal Degree in the Netherlands?An Opportunity Not to Be Missed, Especially for Corporate General Counsels of the Future! |
Journal | Corporate Mediation Journal, Issue 1 2017 |
Authors | Claire Mulder |
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