This brief comment arises from genuine curiosity and contains a question for my co-authors and anyone else who happens to read this blog. The situation is this: I’ve recently finished reading the first instalment of the learning journals for my Negotiation and Mediation class, which is a device I’ve used for the more than 20…

In their article, “The Collaboration Imperative” [Harvard Business Review, April 2014, p. 77], authors Nidumolu, Ellison, Whalen and Billman note that “business collaboration is the great oxymoron of corporate sustainability. Countless efforts by companies to work together to tackle the most complex challenges facing our world today – including climate change, resource depletion, and ecosystem…

The title of this blog is not as harsh and heartless as it might seem at first sight. True, mediation proceeds largely on assumptions of disputant autonomy and participation; and the expectation is that the outcomes will be those designed by, and with the commitment of, the participants. This comment, however, picks up on two…

“Have patience with everything that remains unsolved in your heart. Try to love the questions themselves. . . Do not now look for the answers. . . At present you need to live the question.” Rainer Maria Rilke, Letters to a Young Poet At the heart of the idea of mediation is the aim of…

The UK’s Civil Justice Council has recently reported (http://www.lawgazette.co.uk/law/civil-justice-council-explores-online-dispute-resolution/5040975.article) on an initiative to promote online dispute resolution, through setting up an Advisory Group. Heading that group is Dr Richard Susskind, one the strongest promoters of ODR and of the role information communication technology (ICT) in the practice of law. In line with the EU’s Directive…

In my previous entry, I wondered about high and low context communication, and what this might mean at the mediation table when we’re not always aware of what is NOT being said. Here, I continue the speculation, this time about and taking that communication and mediation online. The “here” of my title is the world…

In the early days of personal computing, the development of the “graphical user interface” was accompanied by the acronym, WYSIWYG: “What you see is what you get”. While frustrated computer users know that this was never entirely true, or might only have been true for the computer boffins who designed the interface, the idea was…

This blog entry has its immediate origins in a passing comment by a mediation and university colleague. That colleague had just returned from a mediation and I – perhaps somewhat flippantly – asked whether justice had been done (the area of his work was employment mediation). His reply was simply to the effect that “the…

In my last post (http://kluwermediationblog.com/2013/11/27/space-pace-grace-and-face-steps-to-an-ecology-of-mediation/) I started to think out loud about the elements that might contribute to the “ecology” of mediation – that is, the sense of location, context, or genius loci, that might also serve the substantive ends of mediation. My sub-text there was that there is an ineffable “something” about location and…