Negotiation

The Third Edition Of The IBA – VIAC Consensual Dispute Resolution Competition

Two years ago, the International Bar Association (IBA), the Vienna International Arbitral Centre (VIAC), and the European Law Students’ Association (ELSA) launched the first edition of the Consensual Dispute Resolution Competition (CDRC) Vienna. The inaugural success and the enthusiastic feedback and support for the competition’s new concept quickly caught international attention and led to a second edition in 2016. This past July, we witnessed the third edition of a path towards more consensus building in dispute resolution – and bringing it to the next generation:

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Posted by GPC Series in Access To Justice, ADR, Education, Mediation, Negotiation
Global Citizenship…Global Pound…Mediation And Mediation Competitions

Global Citizenship…Global Pound…Mediation And Mediation Competitions

This year I have been privileged to attend three wonderful international commercial mediation competitions, in which students from around the world come together with mediators and other professionals to practice negotiation in mediation and mediation itself, and to talk about best mediation practice. These are the International Chamber of Commerce International Commercial Mediation Competition in Paris, Lex Infinitum in Goa, and the Consensual Dispute Resolution Competition in Vienna. I have taken on different roles at these events, from coaching a team, to mediating with students, to judging students’ performances and giving feedback.

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Posted by GPC Series in Access To Justice, ADR, Education, Mediation, Negotiation

The London GPC – Time For Change

Last week’s London event marked the grand finale of the GPC Series, which has taken place on six continents and 29 cities since April 2016, collecting groundbreaking data on the behaviour and perceptions of stakeholders in dispute resolution across the globe. Taking place in the historical Guildhall building, built upon centuries of ‘dispute resolution’ above the Roman amphitheatre – where conflict was perhaps resolved in a more brutal way than today.

The event began with an introduction by online dispute resolution advocate Lord Justice Briggs, who has consistently pushed for technological reforms in the courts of England and Wales, especially in regards to resolving disputes. In addition Dr Andrew Parmley, Lord Mayor of London (Mayor of the City of London), gave a moving speech on London’s rich multicultural history – stating that London will remain a global city and an international hub for the legal community undeterred by Brexit.

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Posted by Natasha Mellersh in Access To Justice, ADR, Arbitration, Dispute Management, Education, LOC Coverage, Mediation, Negotiation, Technology
Effective Negotiation – Be Prepared

Effective Negotiation – Be Prepared

The lesson of rigorous preparation has been taught throughout history.

In the 5th Century BC, Sun Tzu, in The Art of War, denounced lack of preparation as the most heinous of crimes, and celebrated good preparation as the greatest of virtues. In the 1st Century, Seneca defined luck as something that happens when preparation meets opportunity. Michelangelo grumbled that if people knew how hard he had to prepare to gain his mastery, it would not seem so wonderful at all. In Henry V, Act 4, Scene 3, Shakespeare has the King giving the most famous pep talk in history to his overwhelmed army as they prepared for the unlikely English victory at Agincourt in 1415, explaining that “all things are ready if our minds be so”.

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Posted by GPC Series in Negotiation
CDRC Vienna – A Year On

CDRC Vienna – A Year On

One year has already passed since my journey at the IBA-VIAC Consensual Dispute Resolution Competition (CDRC), held in Vienna. It was a year of exciting opportunities, hard choices and fulfillments, some of which – heavily influenced and marked by my CDRC experience.

Twelve months after this occasion ou jamais, in my hometown of Pleven, Bulgaria and with the merriest of memories, I am assembling different pieces from former articles in a single composition of suggestions and tips for all those lucky devils out there who have yet to experience the magic of CDRC. Enjoy!

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Posted by GPC Series in ADR, Conciliation, Education, Negotiation
Ask An Expert: Claudia Winkler

Ask An Expert: Claudia Winkler

Claudia Winkler, Negotiation Trainer and the Director of the IBA-VIAC CDRC Vienna Mediation and Negotiation Competition, discusses legal education, the future of ADR and the importance of negotiation skills in transforming the culture of dispute resolution.

What is your current role in dispute resolution?

As a negotiation trainer, mainly being called for in-house trainings in law firms, I see myself in the role of a provider. For my client-communication coaching I also take the role of an advisor and coach to lawyers.

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Posted by Natasha Mellersh in ADR, Ask An Expert, Negotiation
Notes From The Paris GPC

Notes From The Paris GPC

The Paris GPC drew a huge crowd, with approximately 300 attendees, and was jam packed with discussions from 8am until 8pm. Taking place during Paris Arbitration Week, with numerous events held across the French capital, there was a strong emphasis on arbitration alongside other ADR mechanisms. Read more

Posted by GPC Series in Access To Justice, LOC Coverage, Negotiation
In Conversation With Michael McIlwrath

In Conversation With Michael McIlwrath

Michael McIlwrath, Global Chief Litigation Counsel for GE Oil & Gas, speaks to the Singapore International Dispute Resolution Academy about global trends, key challenges, and the future of dispute resolution.

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Posted by GPC Series in Access To Justice, ADR, Ask An Expert, Negotiation
What Is Holding Back Mediation In India?

What Is Holding Back Mediation In India?

I shall not mince words. In 1996, the word ‘mediation’ appeared in Indian statutory law for the first time. Cut to 2017, we are still waxing eloquent as to mediation being a ‘new’ alternative dispute resolution (ADR) mechanism, and yet, it has not really picked up in India. With a narrative building up over the years, that there is not much awareness about mediation, and therefore it has not struck a chord with many Indian users. 

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Posted by GPC Series in Negotiation
Lok Adalat: India’s Alternative Dispute Resolution Mechanism

Lok Adalat: India’s Alternative Dispute Resolution Mechanism

Scholars and academics throughout the world have noted a spike in the popularity of alternative dispute resolution. Commercial contracts, sports, family disputes and even intellectual property rights disputes are now being resolved through arbitration, conciliation, mediation and/or negotiation.

India has followed the path of global leaders in the field and has tried to make the country a seat of international arbitration. Though we have legalised the rules and regulations regarding alternative dispute resolution by introducing the Arbitration and Conciliation Act, 1996, the concept of alternative dispute resolution has prevailed throughout India for a long time. Read more

Posted by GPC Series in Negotiation
Avoiding The Litigation Spiral

Avoiding The Litigation Spiral

Fisher and Ury’s ‘Getting To Yes‘ in 1981 was influential because it changed our prevailing attitudes from time-honored positional bargaining towards a more 21st Century interest-based negotiation. Thirty years later, Professor John Lande at the University of Missouri School of Law presented another important philosophical approach to dispute resolution in his book ‘Lawyering with Planned Early Negotiation’ (2011), which is directed at external counsellors.

He directly challenges the default approach to dispute resolution, which he calls litigation as usual” or LAU. Professor Lande points to the paradox of the “vanishing trial“, that despite LAU, only about 10% of cases in state courts and about 2% of cases in the federal courts actually get to a full-blown trial. Almost all are settled. The problem is that the 90% or 98% that settle are mainly resolved very late in the litigation life cycle, after most of the time and cost consumed in litigating have been spent.

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Posted by GPC Series in Negotiation