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Article

Access_open Evaluative Mediation (Part I), an Analysis

Evaluative Mediation, Working Method or Not?

Journal Corporate Mediation Journal, Issue 1 2021
Keywords core values, evaluative mediation, method
Authors Martin Brink
AbstractAuthor's information

    The phenomenon of evaluative mediation has invited much debate among both scholars and mediators. At the heart of that debate is the question of a definition of mediation. Considering all prevailing schools of mediation, the conclusion was that doctrine will not be able to prevent that mediation will continue to occur in all kinds of shapes and forms.


Martin Brink
Martin Brink (Van Benthem & Keulen BV, advocaten en notariaat at Utrecht, the Netherlands), is Editor-in-Chief of this journal.

Martin Brink
Martin Brink (Van Benthem & Keulen BV, advocaten en notariaat at Utrecht, The Netherlands), is Editor in Chief of this Journal.
Article

What Roles Do Forgiveness and Reconciliation Play in Corporate Mediation?

The Relevance of Forgiveness in The Work of Mediators in the Field of Corporate Mediation

Journal Corporate Mediation Journal, Issue 1 2021
Keywords forgiveness, reconciliation, corporate mediation
Authors Klaartje Freeke
AbstractAuthor's information

    The terms forgiveness and reconciliation are not the most frequently used words at the corporate mediation table. However, having been a conflict advisor and mediator for the last 17 years in both corporate and criminal cases, I know that the phenomena of forgiveness and reconciliation exist in all domains. Forgiveness can be found in everyday life, in small gestures and words. While researching this article, I spoke to three corporate mediators to find out what forgiveness and reconciliation look like in their fields of work, and it turns out that they might indeed be more present than one might think.


Klaartje Freeke
C.R.H. (Klaartje) Freeke, attorney and mediator at Freeke & Monster, Amsterdam.
Article

Corporate Mediation and Company Law

State of the Art, Recent Trends and New Opportunities

Journal Corporate Mediation Journal, Issue 1 2021
Keywords corporate dispute, enforcement, mediation clause, stakeholders, sustainability, sustainable development
Authors Valentina Allotti
AbstractAuthor's information

    This article describes the legal framework on corporate mediation in Italy with a particular focus on the effects of the mediation clauses included in company by-laws. The available data on the use of corporate mediation indicate that such clauses are not commonly used. There is still resistance among the parties in a dispute to engage in dialogue through mediation, not only where corporate disputes are concerned. The author suggests that one way to expand the use of mediation would be to promote the introduction of mediation clauses in the articles of association of companies. She also suggests that recent trends in company law, notably the emergence of sustainability issues, related to the impact of business activity on the environment and society, and more broadly on human rights, may create new opportunities for the use of mediation to prevent and solve corporate-related disputes.


Valentina Allotti
Valentina Allotti is a Senior Legal Policy Officer, Capital Markets and Listed Companies Area, Assonime. Views expressed by the author are her own and do not necessarily represent those of Assonime.
Article

When No One Wants to Mediate, Call the Mediator!

A Pre-COVID-19 Case Study Takes on New Significance in a Post-pandemic World

Journal Corporate Mediation Journal, Issue 1 2021
Keywords reflective practice, pre-COVID-19, conflict navigator, enhanced collective perspective, board members
Authors Anna Doyle
AbstractAuthor's information


Anna Doyle
Anna (Walsh) Doyle is an International Mediator & CMJ Editorial Board member. She is also an external Mediator on the Global Mediation Panel at the Office of the Ombudsman for UN Funds and Programmes (independent contractor serving on an on-call basis).

Anna Doyle
Anna (Walsh) Doyle is an International Mediator & CMJ Editorial Board member. She is also an external Mediator on the Global Mediation Panel at the Office of the Ombudsman for UN Funds and Programmes (independent contractor serving on an on-call basis).

Martin Brink
Martin Brink (Van Benthem & Keulen BV, advocaten en notariaat at Utrecht, The Netherlands), is Editor in Chief of this Journal.
Article

The Mediation Disruption

A 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
AbstractAuthor's information

    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.


Mark T. Kawakami
Mark T. Kawakami is Assistant Professor of Private Law at the Faculty of Law, Maastricht University.

Martin Brink
Article

A Reflection on the Evolution of Corporate Culture and Conflict Resolution (Part II)

The Resonance of Individual Conflict Resolution on the Collective Organisational Psyche

Journal Corporate Mediation Journal, Issue 2 2020
Keywords mediation, evolution system, corporate culture, conflict resolution, power struggle
Authors Hilde Kroon and Marcel Baatsen
AbstractAuthor's information

    In this article, a roadmap is proposed for both individual growth and eventual maturation of an organisation as regards how conflict is dealt with. Much can be achieved within organisations when the individuals who work there succeed in discovering and deploying their potential in order to deal with conflict in a mature manner.
    An organisation is a compilation of individuals and the overall culture of the organisation is, ultimately, determined by the collective wisdom of the people that form it, when it comes to dealing with conflict and related difficulties. The authors of this article propose a shared view to unearth the potential of an individual working in an organisation to creatively and proactively manage conflict, thereby opening a corporate portal that empowers the adoption of beneficial solutions in response to disarming and preventing difficult organisational situations.
    In Part II, the authors will show how managers can develop themselves in management styles embedded in the Evolution System to support individuals and the organisation in their development to maturation.


Hilde Kroon
Mr. Hilde Kroon is an independent mediator and trainer.

Marcel Baatsen
Marcel Baatsen is a former engineer and a freelance trainer.
Article

A Reflection on the Evolution of Corporate Culture and Conflict Resolution (Part I)

The Resonance of Individual Conflict Resolution on the Collective Organisational Psyche

Journal Corporate Mediation Journal, Issue 2 2020
Keywords mediation, evolution system, corporate culture, conflict resolution, power struggle
Authors Hilde Kroon and Marcel Baatsen
AbstractAuthor's information

    In this article, a roadmap is proposed for both individual growth and eventual maturation of an organisation as regards how conflict is dealt with. Much can be achieved within organisations when the individuals who work there succeed in discovering and deploying their potential in order to deal with conflict in a mature manner.
    An organisation is a compilation of individuals and the overall culture of the organisation is, ultimately, determined by the collective wisdom of the people that form it, when it comes to dealing with conflict and related difficulties. The authors of this article propose a shared view to unearth the potential of an individual working in an organisation to creatively and proactively manage conflict, thereby opening a corporate portal that empowers the adoption of beneficial solutions in response to disarming and preventing difficult organisational situations.
    In Part I, the authors will discuss the transformation of the fear-based ego to clear a pathway for development to maturation of individuals and the overall culture of an organisation, following a multidimensional three-step Evolution System.


Hilde Kroon
Mr. Hilde Kroon is an independent mediator and trainer.

Marcel Baatsen
Marcel Baatsen is a former engineer and a freelance trainer.
Article

Access_open How to Successfully Manage Entrenched Conflict in Mediation

Journal Corporate Mediation Journal, Issue 2 2020
Keywords entrenched conflict, preparation, conflict identification, mediation model
Authors Sheila Gooderham
AbstractAuthor's information

    In entrenched conflict cases, mediation participants display a contradictory approach. They fail to take responsibility for their part in mediation and do not engage constructively in negotiations, whilst asserting a justificatory narrative for their behaviour. Usually they blame the other disputant, make excuses based on extraneous factors or even assert that the mediator is to blame for the lack of progress in mediation. In many entrenched conflict cases, there is no genuine commitment to negotiation at all on the part of the entrenched disputant. They are simply keen to present their case with an expectation that everyone else will fall into line with their demands. When entrenched conflict manifests, mediation is often being used as a forum for psychological game playing. Entrenched disputants tend to have a ‘win at all costs’ perspective. In some entrenched cases, mediation is simply being used as a tactic, with a view to fighting the case in court. In such circumstances, the entrenched disputant may simply see mediation as a means of eliciting further information about their opponent’s case, so as to benefit the entrenched disputant in subsequent court proceedings.


Sheila Gooderham
Sheila Gooderham is a writer, lawyer-mediator and director of The Mediation Specialists.
Article

Access_open Recourse to Mediation in Times of Crisis

Is Business Ripe for a New Approach That Saves Time and Preserves Relationships, Also in the Field of Competition Law?

Journal Corporate Mediation Journal, Issue 1 2020
Keywords cross-border mediation, crises, Covid-19
Authors Pierre Kirch
AbstractAuthor's information

    The purpose of this article is to share some practical reflections on cross-border mediation and its application to Private Competition Disputes in Europe, at this time of crisis. The outbreak of the COVID-19 pandemic has led to a rethinking of methods of dispute resolution, everywhere. In Europe, whether before the European Union courts in Luxembourg or the civil and commercial courts in the Member States, judicial procedures are at a standstill at the time of writing (mid-2020). Once the courts get going again, it will probably take years to get the judicial system back in good working order. It may be necessary to take shortcuts to get the system back in shape, such as cancellation of hearings, recourse to summary forms of justice, etc. That is not what the parties bargained for at the outset of their judicial procedure.


Pierre Kirch
Avocat à la Cour (Paris & Brussels Bars), Partner, Paul Hastings (Europe) LLP, mediator certified by the Centre de Médiation et d’Arbitrage de Paris (CMAP, Paris) and the Center for Effective Dispute Resolution (CEDR, London).

Anna Doyle
Article

Dispute-wise in the Supply Chain?

Journal Corporate Mediation Journal, Issue 1 2020
Keywords Supply chain, Recommendations, Disputes
Authors Martin Brink
AbstractAuthor's information

    In this article, some recommendations are mentioned how to be dispute-wise when confronted with (potential) conflict in a supply chain. Relationships in a supply chain may encounter strain – if not real conflict - at certain points in time. The following recommendations can be very effective and helpful when practised consequently when things become complicated in the supply chain.


Martin Brink
Martin Brink (Van Benthem & Keulen BV, advocaten en notariaat at Utrecht, The Netherlands), is Editor in Chief of this Journal.
Article

Aviators Grounded by COVID-19 (But Mediators Are Ready to Fly)

Journal Corporate Mediation Journal, Issue 1 2020
Keywords Fledgling mediators, Master Mediators, Ken Cloke, John Sturrock, Mediator’s Flight Plan
Authors Anna Doyle
AbstractAuthor's information

    Fledgling mediators are nourished by the wisdom of Master Mediators, until they find their wings and take to the sky. This is a personal perspective, inspired by the author’s attendance at a Master Class given by Ken Cloke in Edinburgh in 2008 (organised by John Sturrock of Core). It echoes precious wisdom, skilfully imparted and gratefully received. The Mediator’s Flight Plan has happily kept the author’s feet ‘off the ground’ for the past 12 years and has inspired her to fly. She shares it now in the hope that it may also inspire other mediators to dare to soar.


Anna Doyle
Anna (Walsh) Doyle is an International Mediator & CMJ Editorial Board member. She is also an external Mediator on the Global Mediation Panel at the Office of the Ombudsman for UN Funds and Programmes (independent contractor serving on an on-call basis).
Article

Social Impact Assessment and Mediation

Journal Corporate Mediation Journal, Issue 1 2020
Keywords Social impact, Business to Community mediation
Authors Eelco De Groot
AbstractAuthor's information

    A Social Impact Assessment is often a formal requirement to determine and prevent social risks at greenfield development of complex infrastructural projects. This article discusses the background and building blocks with the different tiers of Business to Community mediation; a neutral, facilitated, dialogue and information sharing, negotiation, joint fact-finding and formal mediation.


Eelco De Groot
Eelco de Groot is an advisor at Social License and senior lecturer Social Risk Management at the TU Delft.

Bas van Zelst
Article

Why Do People Fight First and Then Settle? A reaction

Reflective Practice: Another Way of Seeing Things

Journal Corporate Mediation Journal, Issue 1-2 2019
Authors Anna Walsh Doyle
Author's information

Anna Walsh Doyle
Independent Mediator.

Louis B. Buchman
Louis B. Buchman is an attorney at law, admitted to the Bar in Paris and in New York, arbitrator and mediator at Paris, France.
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