Leadership

Pre-Mediation Conferences

I’ve handled any number of mediations where the parties and counsel view prospects for settlement with optimism. Lately, I’m seeing more and more pre-mediation conferences being held in complicated cases or cases where the prospects of settlement seem less likely.

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Transformative Moments in Commercial Mediation

Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers.

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CEDR backs Diversity

In line with this and our awareness of the importance of diversity, CEDR has signed up to the ‘Inclusive Culture Pledge’ launched by the EW Group[1], to take an active part in creating more inclusive cultures at work, in particular within the legal profession.

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Principles of Justice and Fairness

Some maintain that justice stems from God’s will or command, while others believe that justice is inherent in nature itself. Still others believe that justice consists of rules common to all humanity that emerge out of some sort of consensus. 

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Conflicts and Disputes

Most people probably do not recognize a distinct difference between the terms “conflict” and “dispute.” However, many conflict scholars do draw a distinction between the two terms. As is unfortunately common in this field, different scholars define the terms in different ways, leading to confusion.

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Levels of Action

Should peace be built from the top down, or from the bottom up? What roles should the different actors play? John Paul Lederach has answered this question with a diagram…a “peacebuilding pyramid.” 

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