At the recent meeting of the ABA Dispute Resolution Section in Denver, Dai Kato of the University of Colorado and Jay Folberg of the JAMS Foundation offered stimulating — even inspirational — examples of modern-day practices of dispute resolution in Japan and Bali. These insights test our assumptions of how dispute resolution really works — what drives the process and how success is measured. Read more »
A recent post noted that Wang Cheng Jie, Secretary General of the Mediation Centers of the China Center for Promotion of International Trade, delivered an insightful and provocative presentation at the World Mediation Forum in Athens on March 12. Mr. Wang has kindly given permission for his remarks to appear on this blog.
Wang Cheng Jie’s point is alluringly straightforward: Insofar as mediation is flexible and adaptable, it hinges upon the parties’ own preferences, styles and predispositions. This being the case, then mediation that involves two parties with strongly distinctive culture expectations — as between Chinese and western parties — might be an invitation to misunderstanding and confusion. In his essay, Mr. Wang explains why commercial mediation between eastern and western parties may easily go seriously awry.
We are honored that Wang Chen Jie has granted this blog permission to reprint his remarks for this wider audience, and eager to share his useful and perceptive remarks, which appear below as they were delivered in Athens. I hope that readers will share my deep respect and high regard for Wang Cheng Jie’s invaluable insights. Read more »
Readers may remember a post concerning game theory and negotiation strategy that appeared in April 2010. It has proven one of the most frequently visited posts in the past year.
A featured speaker on the panel reported in that post has contacted me to advise that many of his ideas have now been posted on YouTube. Those interested are encouraged to visit this site: http://www.youtube.com/user/fairoutcomes.
This post comes from the island of Luzon, in the Philippines, where a team from the Corporate Social Responsibility Project of Harvard’s Kennedy School of Government has worked on a film documenting the tensions between operators of two hydroelectric dams and the communities that were inundated, destroyed and displaced during the construction of the dams.
One company ignored the communities and the other engaged them, and the difference is so palpable that you wonder why any company would ever do anything other than engagement. Read more »