Argument

Argument, Below the line, Bias, Brexit, caucus, Cognitive Bias, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Ethics, Fear, General, Impasse, Instinct, Interests, Intuition, Joint Sessions, Leaders, Leadership, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Non-violent communication, Patience, Perception, Practical Challenges for Mediators, Reflective Practice, shuttle mediation, Skills, Status, Success in mediation, Tactics, Teamwork, The role of the mediator, Tips, Transformation

(Bill Marsh Mediator)/ /4 Comments

One of the privileges of mediating is to watch leaders at work. Every party, every team, has its leader(s). And as any mediator will tell you, the way in which they choose to lead during a mediation – and more widely during the conflict or dispute itself – has a significant impact on the outcome;…

Argument, Communication, Decision making, Dialogue, General, mediation models, mediation process

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

“I hold to the idea that civility, understood as the willingness to engage in public discourse, is the first virtue of citizens.” Mark Kingwell, The World We Want: Restoring Citizenship in a Fractured Age, [Rowman & Littlefield, 2000] A recent email from a US-based group that specialises in facilitating public dialogues in difficult cases noted…

ADR, Argument, Below the line, Brexit, caucus, Clients, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, cross-border mediation, Decision making, Dialogue, Fear, Impasse, Instinct, Intuition, Joint Sessions, Mediation Practice, mediation process, Middle East, Negotiation, peace negotiations, Perception, Practical Challenges for Mediators, shuttle mediation, Stories, Success in mediation, The role of the mediator, Trust, Violence

(Bill Marsh Mediator)/ /2 Comments

Bloomberg (not my usual reading fodder, I confess) carried an interesting piece a couple of months ago, entitled “Meet the Real Force Behind the Brexit Talks”. Yes, it was about Brexit (yawn) but it was about an unseen side of the negotiations. Opening with the line “In every negotiation the most important work is done…

Argument, Brexit, Communication, Dialogue, General, Mediation Practice

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

“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…

ADR, Apology, Argument, Conflict, Decision making, Disclosure, Memory and Illusions, Stories, Trust, Uncategorized

(FORARB/Charles University)/ /Leave a comment

Shortly after the neighbourhood mediation started, one of the parties turned to me her eyes flashed with anger: “Everything that he is telling is false, do not listen to him…” The other party got het up: “Indeed, Mr. mediator, everything I have ever said was a lie…Do not listen to me…” Without even knowing this,…

Argument, Brexit, Communication, Conventional wisdom, Cross-cultural, Dialogue, Language, Practical Challenges for Mediators

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

This is not a really post about Brexit; but then again I do circle some of the themes that earlier post-Brexit Kluwer bloggers have addressed, in a series of thoughtful, passionate and concerned comments. “Brexit” has become, beyond the decision and its fallout, a placekeeper for a range of other concerns, about community, tolerance, dialogue,…

Argentina, Argument, Clients, Commercial Mediation, Conflict, Corporate Counsel's View, Dispute Resolution, Lawyers, Mediation Lawyering, South America, Success in mediation, Uncategorized

(EGCP S.A.)/ /Leave a comment
Young Mediators Initiative (YMI)

In Buenos Aires, the city where I currently practice mediation, mediation is mandatory before suing the other party. Thanks to this system, I was able to start mediating my first cases right after I was certified. After a few cases, however, I began to realize just how overwhelming it can be when parties’ advocates are…

Argument, Commercial Mediation, conlfict coaching, Future of mediation, International Mediation, Joint Sessions, Mediation Lawyering, Settlement Agreements, Tips

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

Once again, we find ourselves on the eve of the annual ICC Commercial Mediation Competition which is about to kick off in Paris, France next week. Last year I posted 10 tips for participants, one of the most important being that mediation remains an oral sport, and the most effective counsel and parties in real…

Argument, Bias, Clients, Developing the Field, Efficiency, Experts, Lawyers and Psychologists, Legal Practice, Mistakes, Success in mediation

(ADR Center Romania)/ /2 Comments

This article may be helpful particularly if you consider settling a case as a party or as an advisor. There are many perspectives that one can consider when looking at mediation. One example is that our current mediation culture is still in development. Therefore, sometimes, parties ask me, the mediator, to invite the other party…

Argument, Cohen, mediation models, Monty Python, Negotiation

(First Mediation Corporation)/ /Leave a comment

There is a famous sketch by Monty Python in which the lead character (Michael Palin) is looking to buy a five-minute argument. He walks into an office where the receptionist offers him some options. One of the options involves a person who is too conciliatory. She decides that there is a good argument available and…