Conflict

Civil rights, Co-mediation, Communication, Conflict, Cooperation, COVID-19, Dialogue, Europe, General, Governments/Public Sector, insider and outsider mediators, Interests, International Mediation, Investor-state mediation, Mediation Outcomes, mediation process, Public Policy, Transformation, Trust

(Bill Marsh Mediator)/ /4 Comments

In a few weeks’ time I will come to the end of a two-year mediation engagement in South Eastern Europe. The conflict in question relates to environmental pollution. The issues are complex and heavily contested, and there are many stakeholders – government, city authorities, environmental groups, investors and business, to name a few. It has…

Brexit, Causes of Conflict, Conflict, Europe, Negotiation, Tips, Uncategorized

(University of Strathclyde)/ /4 Comments

“I think the EU will need to move significantly on both those key points because they’re points of principle.” (Dominic Raab, UK Foreign Secretary, speaking on the BBC this morning) The Brexit negotiation, despite its dizzying stakes, has triggered a fair amount of wry humour. I’ve poked gentle fun at the protagonists myself: Brexit Irritators:…

ADR, Causes of Conflict, Conflict, Developing the Field, Dispute Resolution, Framing, Mediation Practice, mediation process

(University of New South Wales)/ /14 Comments

Covid is the gift that keeps on giving. It has provided a wonderful focus for blame that has let us off the hook for a lot of things. It has coincided with significant changes in our mediation experiences and again has been seized on as the culprit when mediation sessions go ‘off piste’. The new…

Appointment of Mediators, Below the line, Clients, Cognitive Bias, Conflict, Fear, General, Mediation Practice, Mediation Users/Clients, Mistakes, Patience, Perception, Reflective Practice, Skills

(Bill Marsh Mediator)/ /4 Comments

I blogged recently on the importance in mediation of not forgetting what is happening in the other room. It’s an easy mistake to make. Here’s another one that is easy to make. “Assumed motivation”. A lot of stuff happens both in conflicts and the process of their resolution. Things are said and done by each…

ADR, Argument, Australia, Commercial Mediation, Conflict, Dispute Resolution, International commercial mediation, Med-Arb Clauses, Mediation Practice, mediation process, mediation traditions

(University of New South Wales)/ /Leave a comment

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…

Civil rights, Communication, Conflict, Dialogue, Online Dispute Resolution (ODR), Online Mediation

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

“The greatest single antidote to violence is conversation, speaking our fears, listening to the fears of others, and in that sharing of vulnerabilities discovering the genesis of hope. . . Conversation – respectful, engaged, reciprocal, calling forth some of our greatest powers of empathy and understanding – is the moral form of a world governed…

Business, Clients, Commercial Mediation, Conflict, conlfict coaching, Dialogue, Dispute Resolution, Framing, Uncategorized

(University of New South Wales)/ /2 Comments

In lock-down it can be a challenge to differentiate one day from the next. We’ve all been a bit less fastidious with our general presentation and dress and we have become very used to the domestic backdrop we observe as we Zoom with colleagues and clients. One of the things I wisely grabbed as we…

Commercial Mediation, Communication, Conflict, COVID-19

(Hoffmann Eitle )/ /Leave a comment

If not “Covid-19”, then “Home Office” is going to be the topic of the year 2020. Apart from our family management skills, home office work first and foremost challenges our ability to communicate via long-distance means. Even before the pandemic, the increased awareness towards climate change had led to initiatives for a more intensive use…

ADR, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Dispute Resolution, Efficiency, Experience, Flexibility, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Online Dispute Resolution (ODR), Online Mediation, Patience, Preparation, Promoting Mediation, Reflective Practice, Reflective practise, shuttle mediation, Success in mediation, Time Pressure, Transformation, user perspectives

(Bill Marsh Mediator)/ /20 Comments

For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process…

Bias, Chinese Literature, Cognitive Bias, Conflict, Mediator's Image, Neuroscience, Promoting Mediation, The role of the mediator

(Kwok, Ng & Chan, Solicitors & Notaries)/ /2 Comments

This is a tale from an ancient piece of Chinese literature – Lu’s Commentaries of History – – compiled in 239 B.C. by Lu Buwei, the Prime Minister of the state of Qin.- “There was once a villager who had lost his hatchet. Thinking it was stolen by his neighbour’s son, Wang, he began observing…