It may seem odd to suggest that a funeral and a book festival could, in the space of a few days, provide sources for a lot of reflection and – just possibly – mediation-related insight. Recently I flew from Auckland to Wellington to attend, and speak at, the funeral for a friend I’d known for…

My guess is that most of my fellow authors on this blog, and probably a high proportion of readers, work in a mediation environment is which clients are represented by counsel. Indeed, if you track back over a number of entries in which matters of process are discussed, it seems typically assumed that counsel are…

Many of my fellow bloggers on these pages, and perhaps many of the readers, will have found themselves in the position in which friends, colleagues, workmates or others call on your/our mediation experience at short notice, and in circumstances that are perhaps not ideal in terms of planning and preparation. One of the strategies I…

“It was impossible to get a good conversation going; everybody was talking too much. ” Yogi Berra I use the word “odd” here in two of its meanings in English: odd as in occasional or sporadic; and odd as in strange, worthy of comment. This blog is a reflection on recent conversations observed or engaged…

This blog was written in response to several recent meetings with different audiences, which illustrated for me the diverse perceptions of and responses to the role of digital technologies across the practices of dispute resolution. On the one hand, I hear of a cautious judicial recognition that the courts need to develop (and develop soon)…

Readers might have seen media reports that New Zealand has a new government. In New Zealand this is a slightly delayed conclusion to the general election at the end of September, the delay being the result of our proportional representation system, which left neither of the two major parties, Labour and National, with a sufficient…

Previous blog entries on this theme of water have focussed primarily on the process and stalled progress of the Land and Water Forum [LWF] in New Zealand. This was a process intended to bring together most if not all of the stakeholders on questions of water allocation and quality. As we’ve seen earlier, what looked…

This is another blog in the spirit of earlier entries along the lines of “what would you do with XXX at your table.” The challenge will emerge in the course of reading. Myth and metaphor, and the etymology of mediation, are amply available to convey the mediator’s task of steering between – or finding a…

“An action-oriented citizenship is, first and foremost, engaged with other people in the creation of shared social spaces and in the discourse that such spaces make possible. Through participation and conversation, we reproduce our social meanings through time: that is what culture is. Squares and institutions, walkways and stadiums, these are the places where the…

Forty-five years ago, Professor Christopher Stone published a paper entitled “Should Trees have Standing? Towards Legal Rights for Natural Objects”. [45 Southern California Law Review 450–501.] Two years later, that paper had morphed into a book of the same title, with the subtitle, “Law, morality and the Environment” (1974; 3rd ed, 2010; OUP). Stone’s objective…