Introduction If you find yourself in the midst of a legal dispute, you might feel confident that taking the matter to court is the best option, especially when you have a strong case. After all, who wouldn’t want to see justice served swiftly and decisively? And why show any vulnerability when holding all the cards?…

  As long ago as 1981, in the very first edition of Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher and William Ury proposed the following novel negotiation method:   separate the people from the problem focus on interests, not positions invent options for mutual gain and insist on using objective criteria. Later…

The idea of using insights from behavioural science to achieve desirable policy goals burst into popular consciousness with the publication of Nudge: Improving Decisions About Health, Wealth, and Happiness (R Thaler and C Sunstein, Yale University Press, 2008.) It describes the appealing notion that people can be encouraged to make good choices by the way…

The former British politician (and leadership contender when the Conservative Party was choosing Boris Johnson), Rory Stewart, is making a mark as an even more independent thinker than he was in the British Parliament. Recently, he hosted a three-part series on BBC Radio 4 entitled A Long History of Argument. It is worth listening to…

Most people’s experience of artificial intelligence (AI) is limited to interacting with a chat bot on their bank’s website. These bots are unimpressive, dispensing trivial and mostly unhelpful answers. Don’t be misled into thinking that unhelpful chat bots represent the state of the art in AI, though. The cutting edge of AI research has moved…

It’s been a long time since I wrote a blog just about mediation practice. Other things always seem more important! However, as I was mediating this week, a thought occurred to me about a rather imperceptible but very real change in my practice as a mediator, which I develop here, albeit in a simplified way….

Offers in mediation are too often approached with all the coyness of gauche teenagers at a school dance (acknowledging that this metaphor may reveal too much about my own youth!). It need not be like this. Here are some thoughts to ease the pain. Going first is not weakness. All mediations require offers to be…

Effective inter-governmental relations among the constituent parts of the United Kingdom are essential in an era of increased devolution of powers, post-Brexit allocation of responsibility and contested narratives about the future of the (uncodified) UK constitution. Background One of the rather depressing aspects of the constitutional impasse in the UK is that inter-governmental relations (IGR)…

I teach an online course for lawyers to help them become more comfortable working with numbers. We spend quite a lot of time on litigation forecasting: assigning probabilities to different outcomes, combining these probabilities correctly and coming up with an overall estimated value for the claim. This is useful to frame the parameters for any…