LexisNexis

Publications for Mediation Committee

From the Co-Chairs - Mediation Committee December 2021

Covid-19 has highlighted the importance of dialogue and connection and the need for the collaborative engagement by communities and professionals in dispute resolution domestically and internationally. Sharing best practice and responses to Covid-19 with international counterparts will continue to be important in the coming days. The Mediation Committee looks forward to continuing to engage with our members and expand the discourse and dialogue on mediation during these difficult times.

Released on Dec 20, 2021

Mediation Committee questionnaire 2021

Mediation Committee officers give their views on effective mediation, the future of mediation and a fun fact about themselves. With Federico Antich, Martin Hauser, Shreyas Jayasimha, Michael McIlwrath and Joe Tirado

Released on Dec 20, 2021

The Italian model of mediation: an update

On 20th March 2010 Italy took the big step to enact a legal instrument (Legislative Decree 4 March 2010 n. 28) to embrace Mediation as a way to reduce the heavy workload of the judiciary and more generally to promote a sustainable approach to dispute resolution in civil and commercial matters.

Released on Dec 20, 2021

Why are intellectual property disputes particularly suitable for negotiation and mediation?

Many times, I have been intrigued to find that in a negotiation the parties evaluate their intellectual property rights differently than in a parallel legal process. I will first present two anonymized disputes resulting from my practice as a negotiator and mediator, before asking the question of what determines the value of intellectual property rights

Released on Dec 20, 2021

Law on mediation in India and its recent developments

Mediation has in recent years proven to be an effective alternative in India – they are now being pushed as a first option for parties to pursue. In 2002, an amendment was made via section 89 of the Code of Civil Procedure that empowered Courts to refer matters that 'contained elements of settlement' to be settled out of court. The section enumerates different options for alternative dispute redressal, one of them being mediation.

Released on Dec 20, 2021

What commercial trial lawyers can learn from transactional lawyers about mediation

If you are a litigator, reconsider how you act in mediation - be balanced and thoughtful. In mediation, rights take a back seat to common interests.

Released on Dec 20, 2021

Message from the Mediation Committee Co-Chairs - Feb 2021

The IBA Mediation Committee has been working on your behalf and on behalf of the profession, to monitor developments in international dispute resolution and the advent of online DR platforms amongst other initiatives.

In the deadlock: the refusal to talk

A summary of a mediator's experience in dealing with a deadlock between parties in a mediation.

The mediation agreement in Brazil and its essential requirements, recognition and enforcement

The enacting of a new code as well as the actual usage of alternative methods indicates that mediation will be a very sought-after dispute resolution mechanism in Brazil. This article outlines the development of mediation in Brazil and its laws and regulations, providing an overview of the major aspects related to mediation.

Overview of the Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention)

One important factor that has served as an obstacle to the growth of mediation, both in-terms of the quality of the process and its popularity as a viable mechanism for resolution of dispute, is the issue of enforceability of the outcome. The essence of the convention on International Settlement Agreements Resulting from Mediation is to tackle this obstacle and pave a smoother path for the development of harmonious international economic relations and administration of international commercial transactions