In the words of the late Sir Laurence Street, former Chief Justice of New South Wales (1974-1988) and subsequently Australia’s leading mediator: “A court that makes available a judge or a registrar to conduct a true mediation is forsaking a fundamental precept upon which public confidence in the integrity and impartiality of the court system…

The success of international arbitration, among others, is owed to the New York Convention, which provided tools for global enforcement of arbitral awards. To that end, international mediation has been underused often because of the lack of necessary international enforcement mechanisms of mediated settlement agreements. The Singapore Convention on Enforcement of Mediated Settlement Agreements (Singapore…

A recent visit to Japan coincided with the inauguration of the new Emperor Naruhito and the start of what has been designated as the ‘Reiwa’ era. This is officially translated as beautiful harmony, although other interpretations have also mentioned order and control! At the ceremony to mark his ascension to the Chrysanthemum Throne the new…

Let’s talk some more about mediation research. To recap, in his February 2019 post to this Blog, Michael Leathes argued for the need for more field-based research into mediation. He asked, “What if a vast range of mediation skills and techniques could be radically improved by new data derived from large-scale national and international field…

“In negotiations of all kinds, the greater your capacity for empathy – the more carefully you try to understand all of the other side’s motivations, interests and constraints – the more options you tend to have for potentially resolving the dispute or deadlock.” These are wise words from negotiation guru, Deepak Malhotra of Harvard Business…

I am sorry for writing about Brexit again here. It is not as if Brexit matters that much. To readers of this blog outside of Europe perhaps not all. But I cannot resist it. I was thinking about writing about the Beatles and The Rolling Stones – arguably equally as UK-centric as Brexit. Well, I…

National Mediation Conferences are important events. Apart from the great opportunities to network with fellow professionals there is the really important opportunity to see the intersection of research and practice at work. Last month’s Australia’s National Mediation Conference did not disappoint. For me the highlight was becoming acquainted with a bold Australian initiative sponsored by…

“The pessimist sees difficulty in every opportunity. The optimist sees the opportunity in every difficulty.” – Winston Churchill Improving Habit of Thinking The popular quote attributed to the former British prime minister is easily adaptable to mediation. The optimistic mediator considers the mediated settlement probable and helps the parties by spreading the friendly and promising…