communication

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 Ask An Expert, GPC
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 GPC
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 Ask An Expert, GPC
European Disputes Trends

European Disputes Trends

Today is Europe Day! What better way to celebrate than to look at the dispute resolution trends in the recently published rule of law data across the European Union. This year marks the 60th anniversary of the historical ‘Schuman declaration‘ and the existence of the Treaty of Rome – which led to six decades of peace and integration in Europe.

At a time where media attention has primarily focused on the challenges faced in the region, there has at times been little focus on the many areas of progress within the European Union. However, following the recent French elections, there is fresh hope within the EU for dialogue and reconciliation among existing Member States, although there is still much work to be done.

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Posted by Natasha Mellersh in GPC
Modern And Efficient Communication In Arbitration

Modern And Efficient Communication In Arbitration

Recent events demonstrate (as if this were needed) that communication techniques have undergone a Copernican revolution of incredible magnitude. One evolution has left many of us incredulous, punch-drunk, disoriented and either jubilant or furious, all at once. At the same time, youngsters in our midst (and even the not-so-young) prove again and again that modern communication can also be a marvellous opportunity for levity, jocularity and healthy irreverence, even in relation to the most serious topics.

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Posted by GPC Series in GPC, News
Community Mediation – Improving Access to Justice

Community Mediation – Improving Access to Justice

The denial of justice through delay is the biggest mockery of law! Considering the fact that it takes an average of 15 years to resolve a civil or commercial dispute in India, it is not limited to mere mockery – but the delay in fact kills the entire justice system of the country. The legal system is simply not equipped to handle the number of cases filed. It is often said that litigation is an unwelcome house guest that stays for years or even decades. Read more

Posted by GPC Series in GPC, News
Evaluating Arbitrators: You Be The Judge

Evaluating Arbitrators: You Be The Judge

In 2007/8, I set up a now long-since defunct website (disputesloop.com) with the lofty aim of introducing some transparency into the appointment process of ADR neutrals. At its core, the site offered a battery of neutrals’ CVs supplemented with free-form written feedback from users. Read more

Posted by GPC Series in GPC, Introductory Guide
Ask An Expert: Diego Gosis

Ask An Expert: Diego Gosis

Diego Gosis, an Arbitrator and a Florida Foreign Legal Consultant at GST LLP in Miami, speaks about the digitalisation of dispute resolution and the benefits of increased cultural diversity in the field. Read more

Posted by Natasha Mellersh in Ask An Expert, GPC
Matching Arbitrators To Party Expectations

Matching Arbitrators To Party Expectations

Reacting to a discussion at Vienna Arbitration Days 2016, Lucy Greenwood, Michael McIlwrath and I published an article ‘Puppies or Kittens – How To Better Match Arbitrators to Party Expectations’ calling for better-informed choices in appointing arbitrators.

We analysed the arbitrator selection process, and proposed that the lack of available information on arbitrator’s soft skills and procedural preferences often leaves parties disappointed.

In appointing an arbitrator a party seeks to identify an individual with an approach to procedural issues, case management and handling of evidence and settlement which aligns with the party’s views. While this information is crucial for the arbitrator selection, parties have only traces of knowledge about it. In fact, obtaining this information can be the single most difficult challenge when identifying potential arbitrators. Read more

Posted by GPC Series in GPC, News
Are hostile mediators more effective?

Are hostile mediators more effective?

New research by Francesca Gino and Ting Zhang of Columbia Business School, along with Mike Norton of Harvard Business School, suggests that the most effective mediation style might be being partial against both parties.

The academics suggest that, contrary to the received wisdom that mediators should be neutral, attentive and empathetic, an actively hostile mediator is more likely to get a good result. They discovered that a mediator’s antagonistic and hostile treatment of both parties causes adversaries to unite against the mediator, which in turn increases the parties’ willingness and propensity to reach agreement. Read more

Posted by GPC Series in GPC, Introductory Guide