Commercial Mediation, Conflict, Dispute Resolution, Improvisation, Mediation Practice, mediation process, Reflective practise, Scotland, Skills

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Recently, I was ruminating about analogies between cricket and mediation. Cricket is a much-loved sport in Scotland. Sadly, nowadays, changes in the climate mean that cricket in my home country is more often affected by summer rain and damp conditions than a generation ago. Its future is less certain as a result. I have always…

Commercial Mediation, Dispute Resolution, Lawyers, Legal Practice, mediation as a career, Mediation Practice, Reflective practise

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At the start of another year, it can be useful to conduct a bit of a personal stock-take. What holds us back from achieving all we could this year? How many of us suffer from silent self-doubt? How many of us would admit to feelings of inadequacy, anxiety and uncertainty about what we do? Far…

Decision making, Dispute Resolution, lawyers in mediation, Mediation Practice, mediation process, Mediators’ Conduct, Practical Challenges for Mediators, Scotland, Stories

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As the year comes to an end, I am expanding upon a story to which I referred in a previous blog, in the hope that it may provide a couple of useful reminders of what we do as mediators. I had eaten a chicken curry rather hastily at the hotel where I had been mediating…

Commercial Mediation, Decision making, Dispute Resolution, Future of mediation, Joint Sessions, Lawyers, lawyers in mediation, mediated settlement agreement, Mediation Agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Promoting Mediation, Scotland, Settlement Agreements, shuttle mediation, Stages of mediation, Success in mediation, Tips, Transformation, Understanding mediation

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A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had exchanged correspondence deprecating perceived personal insults directed at professional advisers which, it was felt, had damaged reputations. This was a long-running commercial…

Community Mediation, Developing the Field, Dispute Resolution, Mediation and Society, Mediation Users/Clients, Negotiation, Neuroscience, Promoting Mediation, Public Policy, Reform, Scotland

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So much to blog about this month. We had a really great time in Edinburgh with Ken Cloke recently. Ken kindly agreed to be our first Patron for Collaborative Scotland.  We held an event in the Scottish Parliament for leaders of civic Scotland and a number of members of the Scottish Parliament, many of whom,…

Causes of Conflict, Cognitive Bias, Commercial Mediation, Europe, Ireland, Mediation Practice, peace negotiations, Reflective practise, Russia, Scotland

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I am travelling back from a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution professionals. It was a privilege to spend time at Glencree, the centre for peace and reconciliation which was one of those places where so much was done in recent…

Business, Efficiency, Reflective practise, Scotland, Training, Transformation, Uncategorized

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About twelve months ago, I reluctantly attended a seminar in a classy hotel in London. A friend had encouraged me to go. I turned up rather late, missing the networking breakfast. I got my iPad out and got on with my emails as the speaker launched into his presentation. I was fairly sure I would…

Art, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Uncategorized

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It was fifty years ago at the end of May that the Beatles launched the album (or LP as it was then called) “Sergeant Pepper’s Lonely Hearts Club Band” on the world – and the world was changed forever. 1967 was quite a year. It was the “Summer of Love”. Revolution was in the air…

Bias, Communication, Conflict, Creativity, Decision making, Dialogue, Dispute Resolution, Economics, Ethics, Instinct, Language, Lawyers, Legal Practice, Mediation Lawyering, Neuroscience, Skills

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I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten. Problem-Solving and Risk Analysis is more than learning about the law or what a court might do. Most issues which clients bring to lawyers are resolved…

Brexit, Mediation Practice, mediation process, Mediators’ Conduct, Policy, Scotland, Uncategorized

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I am at my desk, an hour after the conclusion of a really fascinating event here in Edinburgh, in which my colleague, Charlie Woods, and I acted as mediators in a simulation of a mediated process involving 10 delegations representing different interests in the current Brexit negotiations. With over 50 participants, allocated randomly to one…