Mediation has long been used as a method of resolving disputes. Indeed, the practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic Egypt[1]. In his paper “Varieties of Dispute Processing”, presented to the 1976 Pound Conference, Harvard Professor Frank E.A. Sander proposed that, instead of…

It is no secret that the time I spent studying and working with the Harvard Program on Negotiation (PON) was the start of a love affair that has endured.The material from Fisher and Ury’s ‘Getting to Yes’, which evolved into the Seven Elements, is constantly useful as a strategic thinking tool. Addressing my group of…

In a previous blog in 2018 , I commented on how Australian courts have approached their statutory power to order parties into mediation with or without their consent. In the recent case of Aversa v Transport for New South Wales (No 2)  the judge had to decide whether to order mediation in a case involving…

One of the great professional satisfactions of being part of the mediation community is that it sits within a much wider cluster of non-adjudicative processes. This proximity to a broader cluster represents an opportunity for learning, experiment and the exercise of curiosity and investigation. In Australia, the cluster of which mediation is a part  includes…

The consultation phase of the independent review of the Australian National Mediator Accreditation System (NMAS Review 2020-22) was completed in May and Findings and Recommendations are now available. The NMAS has been reviewed twice since its implementation in 2008. The Mediator Standards Board(MSB) share on their website that the most recent review was led by…

Online processes in all professions soared during Covid. The legal profession was transformed. A multitude of online mediation platforms miraculously appeared and mediators barely skipped a beat. Benefits emerged – especially in a geographically vast continent like Australia – where advocates and their clients in distant locations saved significant costs in time, travelling expenses and…

  The Daily Blogpost from the Harvard Program on Negotiation (PON) is always a great way to start the day. A quick read, it often turns something that I have been processing at the back of my mind into a more solid idea I can inspect and explore. This week, a particularly relevant post about…

  The International Commercial Mediation Competition made a brave online appearance this year – the 16th year in which the ICC has delivered the most important competition of its kind in the world. For 15 of these 16 years it has been my privilege to be part of this experience as the coach for my…

The Harvard Program on Negotiation (PON) has provided a life-changing experience for many of us. It certainly changed the trajectory of my life and triggered a life-long immersion in conflict resolution theory and practice. I am immensely grateful. The program has been an evolutionary one – regularly enhanced and updated to fit the frame of…

I say regularly that students make the best teachers. My students continue to prove me right. In my recent ADR program I confessed to my undergraduate students that having a conversation about culture was something that made me very anxious. I feel poorly prepared and I fear, with the best intentions, causing offence and appearing…