Here is a confession. I have a theory (in the best traditions of Monty Python). It is totally untested. I am pretty certain that it would not survive rigorous, double-blind trials. It may, however, contain some seeds of insight. My theory – wait for it – is that mediations where one or more of the…

Not so long ago I was a claiming party as part of a group of plaintiffs in the stead of my elderly parents in a multiparty, multimillion dollar mediation. Now, I mediate around 120 mediations every year as a commercial mediator here in New Zealand so it was with a mix of personal apprehension and professional curiosity…

On 25th and 26th June, the ICC and FIDIC (International Federation of Consulting Engineers: http://fidic.org/) hosted their annual conference in Paris. While most of the discussion was, understandably, concerned with either arbitration or adjudication – the latter involving primarily Disputes Boards (http://www.dbfederation.org/) acting under FIDIC contracts – mediation made an appearance at a number of…

In a previous posting I looked at Hong Kong’s new Mediation Ordinance, which came into force on 1 January 2013. This legislative activity comes hot on the heels of a major revision of the Hong Kong Arbitration Ordinance which came into effect in 2011. Given the increasing interest in multi-tiered dispute resolution (MDR) processes such…

Down here in New Zealand it’s high summer and most of the country will spend until the end of January at the beach. I remember, when I was still at my law firm 10 years ago, the feeling of brief respite at this time of year before having to put on my boots again and trudge…

I come from a Western mediation tradition that argues strenuously for neutrality and impartiality in a mediator. Indeed, one of the first questions lawyers will ask when hiring me is whether or not I have any conflict of interest – in other words, do I know those involved in the dispute, have I worked with…

Well, 143,000 if you believe Mr. Google –  but only one could have posted this must view for all mediators and mediation advocates. See this world class mediator in action at;  http://billwoodmediation.com/video (and be sure to watch videos 2 & 3) P.S Bill if you need help here is one of the world’s only pet mediators,…

Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is possible. So commitment of the parties is a sine qua non. Still, we must also look at the mediator, who may be essential for…

Yep, it’s been an up-and-down month.  More down than up if I’m honest. But hey! I’ve done enough of these things to know that my old Dad was right all those years ago when we’d stand at the top of a black run and he’d say “Laddie, if you’re not falling down, you aren’t skiing…