LIDW (London International Disputes Week) 2021 – we have just completed a stimulating week of morning to evening sessions on a diverse range of topics of greatest interest to all of us engaged in dispute resolution. Thus and to mention just some of the fascinating sessions I participated in: –
Remote working lawyers: how to build relationships(!)
Environmental, social and governance (ESG) and dispute resolution (how to conduct dispute resolution in a more sustainable manner and not sacrifice yet more of the world’s forests to produce the ever increasing paper bundles carried into court and arbitration proceedings).
The controversially entitled: Predicted rise of disputes in a pandemic fuelled recession.
The psychology of decision-making (absolutely fascinating, addressing topics such as egocentrism, overconfidence and confirmation bias).
Climate change and commercial risks (of which there are of course plenty).
Then, particularly apt for hard pressed litigation lawyers: Is winning at all costs consistent with well-being and mental health (to which there is a predictable answer!).
These are just some of the topics addressed in an action packed week. It has struck me that many of the significant concerns implicit in these topics are addressed by mediating rather than litigating.
If the predicted sharp rise in disputes does occur then not only will mediators have a significant role in resolving the disputes more quickly and cheaply – but also an anterior role in helping the parties to renegotiate contracts to enable the parties themselves to survive and ensure contractual performance. That’s what the mediation community mean when they talk of Win/Win solutions!