How Are International Sanctions Impacting Russian Arbitration?

Ever since the introduction and then expansion of international sanctions on Russia (in particular by the US and the EU), arbitration practitioners have questioned whether this will prompt a change in the party selection of international arbitration in Russia-related commercial agreements. Specifically, whether historically popular arbitral venues outside Russia (London, Stockholm and others in Europe) will see a decline in […]

How Caucusing can Facilitate ADR

Meeting separately with the various parties to a dispute can be a useful strategy for a mediator to adopt. This can be done by conducting separate sessions and this is what is called caucus meetings. Why meet separately? Frequently, parties could find themselves in a position in which they need to provide the mediator with pertinent information that they do […]

Resolving Interpersonal Disputes through Mediation

Mediation is the handmaiden of conflict, it doubtlessly emerged whenever some bystander was prevailed upon to persuade contending stone-age parties to compose their disruptive differences. Thus, mediation has been around about as long as human beings, although its use and acceptability has varied widely among different cultures and at different times. In Africa, it was the cardinal means of resolving […]

Who is an Effective Mediator?

A mediator is an impartial party who assists disputing parties to identify the issues in dispute between them and explore possible solutions that will be acceptable to both parties. The mediator is not a passive listener who nods his head in compassionate understanding as the parties describe their woes. On the contrary the mediator is an active listener and quite […]

Development of Alternative Dispute Resolution

Whilst arbitration developed as result of the inability of the courts to satisfy some of the expectation of people in resolution of disputes. Alternative dispute resolution arose largely because the arbitral process was becoming unduly expensive and long because of the gradual creeping in of judicial technicalities of dispute resolution. Thus there began a gradual shift of emphasis from the […]