I’ve mentioned the use of Decision Trees by mediators previously on this blog. Here and here and here and here. So why do I keep banging on about them? Well, first, because I believe they are such an indispensable tool in the commercial mediator’s toolkit. But the reason I thought it appropriate to return to…

On January 3rd, the International Mediation Institute (IMI) released the first of eight documents reporting on the Global Pound Conference (GPC) events held in North America between 2016-17. IMI promises to release the remaining six-city reports, including the GPC Toronto Report, plus the GPC North America Report during January. While it’s hard to understand why…

  A developing story here in Canada has raised concerns about whether the public should have the right to know the terms of a high profile, mediated settlement agreement involving the government of Canada. The case involves now retired Vice-Admiral Mark Norman, the former number two in the Canadian military. The detailed background of the…

Let’s talk some more about mediation research. To recap, in his February 2019 post to this Blog, Michael Leathes argued for the need for more field-based research into mediation. He asked, “What if a vast range of mediation skills and techniques could be radically improved by new data derived from large-scale national and international field…

Does the currently predominant model of commercial mediation – a single session of 3 or 6 hours – support good decision-making by litigants? Some doubt is cast by recent Canadian scholarship dealing with the psychological costs of litigation. In their 2017 paper, Anticipating and Managing the Psychological Costs of Civil Litigation, authors Michaela Keet, Heather…

“Hi, I’m Rick. I’m your mediator for today. I can’t decide what happens in this dumb dispute or how you resolve issues. My job is just to help people who are incapable of resolving conflict, like yourselves, find areas that you can agree on. That means I get to control what appears in the messages,…

Recently, as I sat in a mediation room awaiting the arrival of lawyers and clients I did something I have often done for more than 20 years. I performed an ancient divination ritual. I cast the I Ching. The I Ching is an ancient Chinese oracle dating back about 3,000 years. It has provided insight…