Argument, Below the line, Clients, Commercial Mediation, Decision making, Dialogue, Experience, Framing, General, Joint Sessions, lawyers in mediation, mediation process, Mediators’ Conduct, Mistakes, Perception, Practical Challenges for Mediators, Tips, Uncategorized

(Bill Marsh Mediator)/ /6 Comments

Offers in mediation are too often approached with all the coyness of gauche teenagers at a school dance (acknowledging that this metaphor may reveal too much about my own youth!). It need not be like this. Here are some thoughts to ease the pain. Going first is not weakness. All mediations require offers to be…

Uncategorized

(Bill Marsh Mediator) and (Singapore International Dispute Resolution Academy)/ /Leave a comment

We would like to announce an opening for the position of Associate Editor for the Kluwer Mediation Blog (KMB). The Associate Editor will report directly to the editors Bill Marsh and Nadja Alexander, and work closely with the Kluwer team. In addition, the Associate Editor will regularly liaise with some of the best mediators, mediation…

Below the line, Clients, Conflict, Cross-cultural, Dialogue, Experience, Fear, General, Language, Lawyers and Psychologists, Mediation Lawyering, Mediation Practice, Mediators’ Conduct, Mindset, Mistakes, Neutrality, omnipartiality in mediation, Perception, Practical Challenges for Mediators, Reflective Practice, Transformation, user perspectives

(Bill Marsh Mediator)/ /1 Comment

I am not really one for elevator pitches. But I did hear one the other day about creating impact in a very short space of time, and I was struck by its relevance to mediation. Essentially, the message was that the people we meet make up their minds about us based on two key criteria,…

Civil rights, Co-mediation, Communication, Conflict, Cooperation, COVID-19, Dialogue, Europe, General, Governments/Public Sector, insider and outsider mediators, Interests, International Mediation, Investor-state mediation, Mediation Outcomes, mediation process, Public Policy, Transformation, Trust

(Bill Marsh Mediator)/ /4 Comments

In a few weeks’ time I will come to the end of a two-year mediation engagement in South Eastern Europe. The conflict in question relates to environmental pollution. The issues are complex and heavily contested, and there are many stakeholders – government, city authorities, environmental groups, investors and business, to name a few. It has…

Appointment of Mediators, Below the line, Clients, Cognitive Bias, Conflict, Fear, General, Mediation Practice, Mediation Users/Clients, Mistakes, Patience, Perception, Reflective Practice, Skills

(Bill Marsh Mediator)/ /4 Comments

I blogged recently on the importance in mediation of not forgetting what is happening in the other room. It’s an easy mistake to make. Here’s another one that is easy to make. “Assumed motivation”. A lot of stuff happens both in conflicts and the process of their resolution. Things are said and done by each…

Argument, Below the line, Clients, Commercial Mediation, Communication, Cooperation, Decision making, Dispute Resolution, Experience, Flexibility, Gender, Joint Sessions, Mediation Lawyering, Mediation Practice, mediation process, Mediation Users/Clients, Mediation with Teams, Mindset, shuttle mediation, Trust, Uncategorized

(Bill Marsh Mediator)/ /8 Comments

Mediation can be an intense experience for parties and their advisers. Often there is a lot on the line. In the substance there may be money, control, reputation, pride. In the process, there are challenges such as influencing other parties, getting the best deal possible, making well-informed judgment calls about risk, developing effective offers, and…

ADR, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Dispute Resolution, Efficiency, Experience, Flexibility, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Online Dispute Resolution (ODR), Online Mediation, Patience, Preparation, Promoting Mediation, Reflective Practice, Reflective practise, shuttle mediation, Success in mediation, Time Pressure, Transformation, user perspectives

(Bill Marsh Mediator)/ /20 Comments

For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process…

Uncategorized

(Centre for Commercial Law Studies, Queen Mary University of London), (Bill Marsh Mediator), and (Singapore International Dispute Resolution Academy)/ /Leave a comment

We would like to announce an opening for the position of Assistant Editor for the Kluwer Mediation Blog. The Assistant Editor will report directly to the editors, Bill Marsh and Nadja Alexander, and will work closely with the Kluwer team. The essential duties of the Assistant Editor are: (1) reviewing and editing proposed posts; (2)…

Argument, Below the line, Clients, Commercial Mediation, Dialogue, Experts, Fear, General, Joint Sessions, Lawyers, lawyers in mediation, Legal Issues, Litigation, Mediation Lawyering, mediation process, Preparation, Tactics

(Bill Marsh Mediator)/ /4 Comments

This is the first in a short series of how parties and advisers can best deploy the “assets” at their disposal in a mediation. Naturally, it is written from my perspective as a mediator, and so I recognise that it may look different when you are representing one side in a mediation, rather than in…