Bias

Bias, Conventional wisdom, Cross-cultural, General, Interests, Mediation Practice, Mediators’ Conduct, Practical Challenges for Mediators

(National University of Singapore, Faculty of Law)/ /Leave a comment

[Author’s Note: I am grateful to Ms. Melissa Teo whose journal ruminations led me to the random thoughts that follow] I teach mediation skills at the National University of Singapore Faculty of Law and it has always been something that I have found tremendously fulfilling. Apart from influencing generations of lawyers to consider the resolution…

ADR, Appointment of Mediators, Availability of Mediators, Bias, Clients, Commercial Mediation, Conflict, Developing the Field, Due Process, Ethics, Future of mediation, Hong Kong, International Law, International Mediation, mediation as a career, Mediation Practice, Skills, Standards

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

I come from a Western mediation tradition that argues strenuously for neutrality and impartiality in a mediator. Indeed, one of the first questions lawyers will ask when hiring me is whether or not I have any conflict of interest – in other words, do I know those involved in the dispute, have I worked with…

Bias, Causes of Conflict, Clients, Communication, Conflict, Ireland, Mediation Practice, Mediation Users/Clients, Social intelligence, Uncategorized

(University of Strathclyde)/ /2 Comments

This week the 5th World Summit on Elder Mediation is taking place in Glasgow: see http://www.eldermediation.ca/styled-2/index.html. It is an inspiring gathering, bringing together mediators from Canada, Ireland, Spain, Switzerland, England and Scotland, all committed to helping older people deal with conflict in a way that is humane and just. The range of issues is daunting…

Bias, Causes of Conflict, Communication, Conflict, Cross-cultural, General, Language, Practical Challenges for Mediators, Skills, Uncategorized

(National University of Singapore, Faculty of Law)/ /Leave a comment

I have in previous posts referred to the distinction between direct and indirect forms of communication. Mediators will certainly have encountered these forms of communication before. Without seeking to offer a comprehensive or technical definition of what direct and indirect communication is, I would like to share some thoughts on this topic. First, it is…

ADR, Bias, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Efficiency, Europe, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Issues, Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Reform, Uncategorized

(University of Strathclyde)/ /Leave a comment

Scotland is a practical nation. The list of its inventions includes penicillin, anaesthetics, steam engines, tarmac roads and even the decimal point (see http://www.magicdragon.com/Wallace/thingscot.html#Ta). Like the rest of the UK its culture was in part forged by the ‘practical man’ of the Industrial Revolution, rejecting grand theory in favour of trial and error. Its lawyers,…

Bias, Clients, Conciliation, Conflict, General, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct

(Bill Marsh Mediator)/ /Leave a comment

I recently came across a new word – new to me, at least, which was irritating because I pride myself on having a pretty good vocabulary. The word is “Chaordic”. To quote Wikipedia, “The portmanteau chaordic refers to a system of governance that blends characteristics of chaos and order”. The term was apparently coined in…

Bias, Clients, Family Mediation, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Success in mediation

(Sabine Walsh Mediation)/ /Leave a comment

It’s been a tough week. In fact, it has been a tough month. And, on reading Geoff Sharp’s post from 30th November, I am amused and reassured to see that I am not alone in thinking this! Maybe it’s the time of year, maybe it’s the weather over here in the soggy Northwest of Ireland,…

Arbitration, Bias, Ethics, Mediation Practice, Mediators’ Conduct

(Diane Levin LLC)/ /Leave a comment

How good are the decisions you make? Are they free from error? From unconscious bias? Are they consistently the product of careful reasoning? Before you answer yes, consider the following questions: 1. A bat and a ball cost $1.10 in total. The bat costs $1.00 more than the ball. How much does the ball cost?…

ADR, Arbitration, Bias, Clients, Combined Clauses, Commercial Mediation, Cross-cultural, Dispute Resolution, Evaluative Mediation, General, Hong Kong, Humorous Pieces, International Courts, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Med-Arb Clauses, Mediation Outcomes, Mediators’ Conduct, Pre-arbitration Dispute Settlement Procedures, Public Policy, Uncategorized

(Singapore International Dispute Resolution Academy)/ /Leave a comment

Hong Kong is the global city of designer ‘labels’ as even the most reluctant of shoppers cannot fail to observe. It is also the city of fakes – fakes with labels and fakes without labels – and the place where the ‘No Fake’ label and the ‘No Label’ label thrive! Confused? Well don’t worry, Hong…

Bias, Confidentiality, Confidentiality and Transparency, Costs in Mediation, Court Procedure and Litigation, Legal Issues, Legal Practice, Uncategorized

(Eleven Wentworth)/ /Leave a comment

1. Unlike the arbitral process where courts strive to distinguish between the concepts of a private process and a confidential process, the mediation process is indisputably and inherently confidential. But what happens if one party breaches this confidentiality during the mediation? In formal terms, can the act by one party in breach be treated as…