The State of Mediation Today
Since 2003 CEDR’s Mediation Audit has tracked the growth and success of the commercial mediation profession, the 2021 report provided insight into how the profession stepped up to the challenges of social distancing through the use of online dispute resolution and the continuing challenges to raise standards and increase the use of mediation in society.
There is no doubt without the use of electronic communication through emails the ability to operate hybrid working between the home and office millions of businesses around the world would not be able to operate. This was highlighted during the Pandemic lockdowns; it would have been next to impossible to operate and manage business without the use of email as a mode of communication. Whether you are checking emails on your desktop, mobile, tablet or on several devices at the same time, there is little escape from the written word through electronic communication.
The Singapore Convention is an international treaty to assist commercial parties with cross border commercial disputes. The United Nations treaty aims to settle differences through mediation rather than through Court Litigation sanctions or other economically damaging manoeuves. The goal is to resolve commercial disputes in an amicable manner which, in the end, is beneficial to all parties involved. The treaty does not impact States who are not signatories to the treaty.
The Asia-Pacific Economic Cooperation (APEC) is one of the leading forums established to facilitate regional cooperation, investment and trade, economic growth, and the global economy as a whole.
Most small businesses are started amongst friends or family and often if there is no clarity or agreement as to how the business will be managed or developed, disagreements can arise. If the differences are not resolved, tensions can continue and have an impact on the development of the business and relationship.
An ideal business partnership involves all parties contributing their time and effort towards making the company a success. When you find that a partner isn’t pulling their weight, it’s critical to address the problem before things escalate and the business starts to suffer.
We must keep tabs on our emotional temperature during a dispute to guard ourselves from acting irrationally or in a way that might harm the onset of negotiations. Ideally, one must gauge whether their emotions are currently manageable, starting to heat up or possess a potential threat of boiling over. If you too feel ambushed by your strong flow of emotions, you must take into account these few negotiation tips: 1. Develop an emergency plan Your emergency plan must be inclusive of a break or an 'out' that allows you to indulge in another activity to cool down.Step back from the heated...
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Conflicts and disputes can be resolved in many ways; these include litigation and mediation. But what's the difference? In laymen's terms, the easiest possible way to define the difference between litigation and mediation is the involvement of a court in conflict resolution. Litigation Litigation is resolving a dispute or a case by taking it to court (i.e., it's legally binding). The proceedings may be referred to as a lawsuit on legal grounds where the judge bears witness to the plaintiffs' claims against the defendant. Once initiated, litigation follows strict timelines and procedures, which can build a moment of direction paired with a...
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Conflicts can arise anywhere and anytime. They can be the result of differing needs, interests, opinions, or simply miscommunication. Letting things escalate to the point of no return is the worst thing you can do. Not only does it create an unproductive environment for the two involved parties, but other people are affected too. If you’ve decided to take the high road and work out your differences, here are three strategic tips that all parties—be it the mediator or those in conflict—can use to solve a dispute: 1. Keep your emotions in check Staying calm and controlling your emotions is the first tip I...
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The role of women in mediation has been downplayed for years now. Social stigmas, biases, and unequal opportunities are the most significant obstacles that women have to face throughout their careers. According to Georgetown Institute for Women, Peace, and Security, only two percent of female mediators are involved in critical peace processes. This huge disparity is alarming, to say the least. Rarely heard and rarely acknowledged, in communities and cultures around the world women are often an afterthought in the peace process rather than active thought leaders and facilitators due to the changes that conflict can bring. Women in Mediation Research shows that...
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