Creativity

ADR, Book Review, Business, Causes of Conflict, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, Decision making, Developing the Field, Future of mediation, General, Improvisation, Language, Mediation Practice, Mediation Users/Clients, Neuroscience, Policy, Scotland, Skills, Stories, Success in mediation, Tips, Training, Uncategorized

(Core Solutions Group)/ /1 Comment

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…

Below the line, Clients, Commercial Mediation, Conventional wisdom, Creativity, Decision making, Dispute Resolution, Efficiency, General, Humorous Pieces, Improvisation, Mediation Lawyering, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Social intelligence, Uncategorized

(Bill Marsh Mediator)/ /3 Comments

Global Legal Post recently carried an article intriguingly entitled “Lawyers find Eureka moments in the shower“. Sadly the article itself lacked the slightly salacious promise of its title. Instead, it focused on the results of a survey of London city lawyers, indicating that those surveyed did their most creative thinking in the shower or commuting…

Causes of Conflict, Communication, Conflict, conlfict coaching, Conventional wisdom, Creativity, Decision making, Dispute Resolution, Efficiency, Europe, Future of mediation, General, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Improvisation, Interests, Mediation Practice, Memory and Illusions, Negotiation, Neuroscience, peace negotiations, Policy, Public Policy, Reform, Scotland, Skills, Uncategorized

(Core Solutions Group)/ /1 Comment

“The key to doing well lies not in overcoming others, but in eliciting their co-operation.” Robert Axelrod “Although negotiation takes place every day, it is not easy to do well. Standard strategies for negotiation often leave people dissatisfied, worn out or alienated…..” Roger Fisher and William Ury For probably the final time, I am writing…

ADR, Creativity, Developing the Field, Dispute Resolution, Humorous Pieces, Improvisation, Intuition, Mediation Practice, Mediators’ Conduct, Poetry, Skills, Stories, Zen

(Singapore International Dispute Resolution Academy)/ /1 Comment

Hong Kong mediator, lawyer and poet, TK Iu, was introduced to readers by fellow blogger Joel Lee earlier this year. TK’s first published poetic piece on mediation was entitled, ‘A Mediator’s Prayer’, inspired by the Peace Prayer of St. Francis of Assisi. If you missed it, it’s well worth the read. In just a few…

Business, Commercial Mediation, Creativity, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Skills

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

Before I left my law firm in the late 1990’s David Maister, a Boston management guru of whom many of you will know, was the darling of every large service firm, especially in the law and accountancy fields. He has long since retired but at his height he was good, very good – despite being a…

Book Review, Causes of Conflict, Clients, Commercial Mediation, Communication, Community Mediation, Conflict, Creativity, Decision making, Developing the Field, Dispute Resolution, Efficiency, Ethics, General, Language, Lawyers, Mediation Practice, Mediators’ Conduct, Negotiation, Policy, Practical Challenges for Mediators, Scotland, Skills, Success in mediation, Tips, Uncategorized

(Core Solutions Group)/ /Leave a comment

I am interested in convergence – of ideas, of behaviour, of trends, of different disciplines. The more I read, the more common themes I discern in the arts, science, spirituality, leadership and in what we do as mediators. A reflection of this is found in the African concept of ubuntu, “the profound sense that we…

Appointment of Mediators, Clients, Creativity, Mediation Practice, Neutrality, Success in mediation, Training, Understanding mediation

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

Many mediations are 80/20 – that is, 80% of the day spent in dialogue and debate with not much sign of movement and, as evening gathers, 20% frenetic activity. So it is not unusual for the parties to sit together for many hours and ask towards the end of the day “are we any nearer each other?”…

Commercial Mediation, Conventional wisdom, Creativity, Efficiency, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Lawyers, Lawyers and Psychologists, mediation as a career, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Mentoring, Mistakes, Singapore, Standards, Status, Stories, Success in mediation, Switzerland, Understanding mediation, War Stories

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

Having last week returned to New Zealand from Singapore where I was honoured take part in the launch of the ICC Mediation Rules, I saw first hand the support for mediation in Singapore from powerful institutions like the Singapore Judiciary and the Ministry of Law. Singapore, and my guess is Asia in general, is in the…

'Money-only' Cases, Commercial Mediation, Creativity, Future of mediation, Mediation Outcomes, Practical Challenges for Mediators, Tactics, Understanding mediation

(Weiler ADR Inc.)/ /2 Comments

An article by Donalee Moulton in the January 24th issue of The Lawyers Weekly entitled, “Opening offers can make or break a deal” caught my attention and caused me to reflect on my own experience from approximately 3,000 mediations conducted over the past 22 years. I urge readers to look a the Lawyers Weekly article…

Below the line, Commercial Mediation, Communication, Confidentiality, Confidentiality and Transparency, conlfict coaching, Conventional wisdom, Creativity, Developing the Field, Ethics, Future of mediation, General, Instinct, Interests, Language, Lawyers, Mediation Lawyering, mediation models, Mediation Practice, Mistakes, Skills, Stages of mediation, Uncategorized, Understanding mediation, War Stories

(Brick Court Chambers / Clifton Chambers)/ /5 Comments

This is where I did my best work in Christmas week – in the twilight zone between the joint session room to the right of the water cooler and the private caucus room off to the left by the green bins. Corridors can be furtive and risky spaces on mediation days – ‘don’t ask me…