Woman wearing facemask

‘He who would do good to another must do it in Minute Particulars’ (William Blake, Jerusalem) The coronavirus pandemic deals its cards very unevenly. Some individuals get it lightly, if at all, and even countries seem to be spared, at least for now. For others it’s a catastrophe. Here in the UK we watch, helpless,…

Stop apologising

(This blog is adapted from a longer version published by Prof John Lande as part of Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement. The Theory of Change symposium asked mediators and scholars to think big about their dreams and visions for the future, and was recently published on…

money

Twice today I’ve found myself responding to mediator reflections in these terms: the money’s not about the money. Both cases involved financial negotiation, even haggling, but that’s deceptive. The key to settlement lay not in the realm of calculation and rationality but in the more opaque social world of face, punishment, justice and emotion. In…

Values drive practice

(I first wrote about mediation’s values 12 years ago at the tail end of a Masters in Conflict Resolution and Mediation Studies.(1) Two years of study had convinced me that it is our values, rather than the techniques we learn, that tell us what to do and say when when mediating. The intervening years haven’t…

To paraphrase a worldwide cliché, you wait decades for a Mediation Act and two come along at once. On this typically dreich Scottish summer afternoon I find myself in the surprising position of examining two distinct proposals for mediation legislation. Why surprising? This blog has carried news of a succession of mediation acts in countries…

Formality and informality

Place matters It’s good to see authors on this blog referencing academic research – see Rick Weiler’s recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas Quek Anderson (1) has got me thinking about the old chestnut of formality and informality. Anderson considers the impact on people and processes of the…

good mediation seen through a client's lens

“Like poets, but with less time” The Deep End Getting to grips with mediation can leave students and trainees overwhelmed. That favourite training tool, the roleplay, throws most in at the deep end. The sudden immersion forces them to speak, listen and observe while trying to remember models and skills plus a sea of reading…

Time Limited Mediation

“It is pointless to do with more what can be done with fewer.” William of Ockham A colleague recently asked me to present a workshop to employment mediators on ‘Time Limited Mediation.’ Until that moment, like Molière’s bourgeois gentleman realising he’s been speaking prose all his life, it hadn’t occurred to me that this was…

Brexit negotiated!

In this blog I discuss the rise of ODR (online dispute resolution). I review recent developments including a live, online Brexit negotiation, which point to a mainstream future. I conclude that ODR will become an integral part of the justice system. When Frank Sander coined the term ‘Alternative Dispute Resolution’ his relatively modest proposal placed…