One of the principles of mediation as it is trained and practised around the world is that participation is voluntary. The parties decide for themselves if they wish to mediate their dispute. The mediator is only needed if that is what they decide. Of course, this is not quite that clear cut, and there are…

We agree sometimes to engage in a simple dialogue or in a mediated conversation with other people, but do we necessarily mean the same thing when thinking about dialogue? Are there significant process impacts induced by our perspectives and expectations? And could the dialogue process be more effective should these differences are clarified beforehand? What…

This is another blog in the spirit of earlier entries along the lines of “what would you do with XXX at your table.” The challenge will emerge in the course of reading. Myth and metaphor, and the etymology of mediation, are amply available to convey the mediator’s task of steering between – or finding a…

“An action-oriented citizenship is, first and foremost, engaged with other people in the creation of shared social spaces and in the discourse that such spaces make possible. Through participation and conversation, we reproduce our social meanings through time: that is what culture is. Squares and institutions, walkways and stadiums, these are the places where the…

I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten. Problem-Solving and Risk Analysis is more than learning about the law or what a court might do. Most issues which clients bring to lawyers are resolved…

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…

From 11th to 14th January 2017, the second edition of Lex Infinitum was held at V.M. Salgaocar College of Law, University of Goa, Panjim, India. Lex Infinitum – law to the max – stands for an exploration of ADR in India, and particularly the promotion of mediation. The event in Goa is a mediation competition,…

Sometimes we have to ask probing questions. Does mediation do any good? Does it make the world a better place? Is there more or less peace in our societies because of our work? This sort of research question exercises scholars and academics, but practitioners too want to believe their work makes a difference. A related…