The word “manipulation” has a bad name. It is usually used to denote devious and underhand behaviour. If we say that someone is being manipulative or that someone is a manipulative person then we are usually disapproving. Mediators are manipulators, and master mediators are master manipulators. I respond here to Rick Weiler’s recent post, in…

In the weeks leading up to and following the International Chamber of Commerce’s annual commercial mediation competition, these blog pages typically see wise counsel from experienced mediators for arriving student teams, and reflections from those professionals who have just spent the week mediating, judging and conversing with those student teams. See, for example, recent posts…

You are usually at a disadvantage for you will take over the boat in midst of the conflict storm without having the chance to prepare the crew and to check on the ship. Yet you are charged to navigate the vessel through all perils of misunderstandings, mistrust, and perceptions. It takes time to make sure…

(Written with Advocate Karleen De Mello, Goa, India) I was recently witness to a mediation session during which two seasoned negotiators behaved disappointingly. Why? On the other side was a negotiator, who walked in with a cane, accompanied by her lawyer. From the outset, these two experienced negotiators behaved very awkwardly at the table, with one…

“Within a multicultural democracy, debate within our own groups and communities must always be balanced by constructive engagement with members of other groups and communities. Citizens of a multicultural democracy must learn how to speak and be heard across difference . . . “ Alison Jaggar, “Multicultural Democracy,” Jnl of Political Philosophy, 7, No. 3,…

This entry is an ongoing series focused on using Neuro-Linguistic Programming in our practice of amicable dispute resolution. For ease of reference and the convenience of readers, I will list in this and subsequent entries the series and links to it. 1. A Neuro-Linguist’s Toolbox – A Starting Point and Building Rapport 2. A Neuro-Linguist’s…

On first of January 2019, Jair Bolsonaro became Brazil’s 38th President. After years of economic, political and even a social crisis in Brazil, the right wing politician has the mission of unifying the country after the most polarized elections in our history. Similarly to what is happening in other parts of the world, the new…

“As they sometimes say around Kyoto, ‘Don’t just do something. Sit there.’” The Art of Stillness, Pico Iyer Recently I had the good fortune of watching fellow blogger, John Sturrock QC, mediate. In the days which have followed, I’ve been reflecting on what I learnt from observing the mediation. What helped the parties in this…

This entry is an ongoing series focused on using Neuro-Linguistic Programming in our practice of amicable dispute resolution. For ease of reference and the convenience of readers, I will list in this and subsequent entries the series and links to it. 1. A Neuro-Linguist’s Toolbox – A Starting Point and Building Rapport 2. A Neuro-Linguist’s…

Julian Baggini’s recently published book “How the world thinks” is a history of global philosophy, looking at how thinking has developed in different places and times. In the introduction he highlights the importance of not just seeing something from another’s perspective, but trying to see what they are seeing as well. As he puts it:…