Mediation has found increased statutory recognition in India and the legislature has recently introduced it in the Companies Act 2013, the Insolvency and Bankruptcy Code 2016, as well as the Commercial Courts Act 2015, among others. Two separate updates from the Supreme Court of India this month have engaged the Indian community in the discussion…

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:…

(This post is being republished because of technical problems when it was first published.) One of the key debates among mediators centres on the word ‘evaluation’. I’ve written about this before – see Has the evaluative label outlived its usefulness? I’m sure many readers are familiar, even bored, with the claimed polarity between facilitative and…

It’s not easy to blog once a month, even on a subject I love. Often I sit down to write with no real ideas or inspiration. Sometimes I end up that way too (as you may have noticed!). It becomes easy to dread the approach of my monthly publication date. Often the pressure lies in…

So much to blog about this month. We had a really great time in Edinburgh with Ken Cloke recently. Ken kindly agreed to be our first Patron for Collaborative Scotland.  We held an event in the Scottish Parliament for leaders of civic Scotland and a number of members of the Scottish Parliament, many of whom,…

Do you remember mediating your first mediation? In this blog I share my early mediation experiences, calling upon the veterans amongst you to travel down memory lane and rummage around in all those dusty, nostalgic moments. I invite you to share them with those of us who are yet to slay that first mediation dragon…

It’s a no brainer, right? Of course mediation should be free, then many more people would use it, it would solve the problem of court waiting lists and huge legal aid bills right? Shouldn’t it? Or should it. What does free really mean? Free for whom? These questions arise out of the current debate here…

In two earlier blog posts, I commented on the work of and risks to the Land and Water Forum in New Zealand. That there is cause to write again on this topic begins to feel like shaping up to the blog equivalent of Douglas Adams’ Hitchhiker’s Guide to the Galaxy: a Trilogy in Four Parts…

Raymond Williams, Resources of Hope (published posthumously in 1989), p. 118 I write and will upload this blog on the eve of my departure for Paris and the ICC’s 12th International Commercial Mediation Competition. On the ‘due date’ for this blog, I’ll be somewhere between Auckland and London. Again, it will be my huge pleasure…

As ADR practitioners, I think it is important to take a step back every now and then and reflect on the importance of the good work we do: We strive, every day, to bring people together and help them move forward. That’s an amazing thing. As an American, I am currently surrounded by media coverage…