“The ground is so wet; it wasn’t like this in the past. We can’t get started on this year’s soil preparation.” In a recent mediation involving farmers, this was the response to my early inquiry about how things were going, generally. These days, I find that the topic of climate change and its effects arises,…

money

Twice today I’ve found myself responding to mediator reflections in these terms: the money’s not about the money. Both cases involved financial negotiation, even haggling, but that’s deceptive. The key to settlement lay not in the realm of calculation and rationality but in the more opaque social world of face, punishment, justice and emotion. In…

If the natural resources of the planet and its capacity to cope with our waste are finite, is it reasonable for mediators to be encouraging people to search for positive sum solutions which can benefit all parties to a negotiation? If you can achieve a win-win in one case could it, on a global scale,…

‘A bird in the hand is worth two in the bush’ is thought to originate from mediaeval falconry! There are a number of variations on the theme – apparently in central Europe the saying is ‘a sparrow in the hand is worth a pigeon on the roof’! A number of cognitive biases are at play…

We are living in an every expanding web of interdependence; built around trade, investment, cultural exchange, digital technologies, and global politics. In such an environment effective cooperation is an ever more crucial. Yet alongside this need there are equally strong drivers spurring on ever more competition for resources, markets, talent etc.  Both cooperation and competition…

While The Kluwer Mediation Blog is aimed at an international audience and often deals with issues of transcendent import to those interested in the mediation process (like Bill Marsh’s recent inspiring post on Leadership) I can’t help but comment on recent Ontario decision that will be of interest to the mediation community here, and perhaps…

When I first started getting seriously interested in mediation over ten years ago, the thought struck me that ‘Shades of Grey’ might be a good name for an organisation involved in this field. Thankfully, given a subsequent publication and film, I didn’t pursue it any further – although if I’d registered the domain name it…

A good friend of mine was recently surprised to see a robot cutting the grass around a well-known landmark in Edinburgh. Coincidentally this was around the same time as I came across a speech given by Adair Turner in April this year entitled “Capitalism in the age of robots: work, income and wealth in the…

One way of describing mediation is as a process that seeks to convert what is apparently a zero or negative sum game into a positive-sum game. This is to use the language of game theory, which analyses strategies that rational players take to secure the best outcomes in interactive, interdependent ‘games’; where the outcome for…

Troubling trends observed as an Ontario commercial mediator compel me to once again take up my chiclet-keyed sabre. That the following are indeed trends in commercial mediation in Ontario is unsupported by any reliable data – because no one keeps track. No one records. It’s all anecdotal. Still, I’m now closing in on 30 years…