Mediation: where the confidentiality ends
There is little room for argument; the information and documents exchanged during mediation are confidential. Rule 8 of the South Carolina Alternative Dispute Resolution...
Do traditional grievance procedures destroy relationships?
HR professionals have relied on formal grievance procedures for years, but are they still fit for purpose? In an extract from his new book,...
Is conflict beneficial in Organisations?
By: Sam Ashe-Edmunds
While it may not seem like there are any advantages to a conflict in your organisation, disagreements can provide benefits to savvy...
Winning the trust of parties at mediation
By Arthur Pressman
When I last wrote about what matters most to the parties in mediation, we identified trust in the mediator as the single most...
Delimiting the Limits of an Arbitrator’s Mandate: Submission and Remission
By Joel Soon (Singapore Management University)
When determining what matters fall within the scope of the submission to arbitration, five sources are relevant: the parties’ pleadings,...
The Role of Technology in Reducing Litigation
Data from the National Justice Council (CNJ) shows that over 100 million lawsuits are currently before Brazilian courts. In 2010, the same institution revealed...
MECHANISMS FOR MANAGING WORKPLACE DIFFERENCES
Human beings are well and best defined by their traits. With regards to their unique features, individuals are identified based on their character as...
Mediating the obsession with Arbitration
By Edmund Mingle
It is common to find in commercial agreements, dispute resolution clauses that refer to arbitration as the first mechanism for settlement before...
The Bill to Amend the Brazilian Arbitration Act: A Threat to Arbitration in Brazil?
By João Gabriel Campos & Leonardo F. Souza
The 1996 Brazilian Arbitration Act (the BAA), which subjects domestic and international arbitrations to the same set of rules,...
The value of Mediation in times of crisis
By Andrea Maia
On January 25th 2019 Brazil experienced its largest industrial catastrophe, the collapse of a dam from Vale, one of the world’s largest...
