This post is unlikely to win me friends on America’s West Coast and it may even see my US mediation teaching visa withdrawn, however when the issue even has its own Facebook group called Save the Mediation Joint Session and Promote Party Participation with over 50 of the world’s top mediators signed up, then the patient is more critical than I thought. The rise…

In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR. Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations…

Before I left my law firm in the late 1990’s David Maister, a Boston management guru of whom many of you will know, was the darling of every large service firm, especially in the law and accountancy fields. He has long since retired but at his height he was good, very good – despite being a…

Tension Raising Behaviours; 100% statements Labelling Put downs and excitable statements Threats Interpreting/analysing/patronising/matronising Collecting allies Non-verbal behaviours Preparing an attack Sarcasm Defensiveness/self justifying Over detailing Tension Reducing Behaviours; Acknowledging probable legitimate concerns Put in perspective Be specific Own the interpretation Own the personal response Invite feedback Invite response

Many mediations are 80/20 – that is, 80% of the day spent in dialogue and debate with not much sign of movement and, as evening gathers, 20% frenetic activity. So it is not unusual for the parties to sit together for many hours and ask towards the end of the day “are we any nearer each other?”…

Regular readers of this blog may recall my 10 tips for participants who took part in the recent ICC Commercial Mediation Competition held in Paris – a wonderful time was had by all but that’s for another post. One of those tips was about keeping it real and suggesting a ‘steel fist inside a velvet glove’…

The annual ICC Commercial Mediation Competition is about to kick off in Paris, France on 7 February 2014 and as I write this 500 students from over 40 countries will be making their way to The City of Light by trains, planes and bus. Teams are drawn from law and business schools across the globe and…

This is where I did my best work in Christmas week – in the twilight zone between the joint session room to the right of the water cooler and the private caucus room off to the left by the green bins. Corridors can be furtive and risky spaces on mediation days – ‘don’t ask me…