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,…

At a certain point, when another offer was denied, one of the managers showed a real disappointment with the hard negotiation approach presented by the other party: “You know what?! I lost my patience. I will not sit here any further… I will ask my lawyer to finish the formalities and let’s see each other…

“The pessimist sees difficulty in every opportunity. The optimist sees the opportunity in every difficulty.” – Winston Churchill Improving Habit of Thinking The popular quote attributed to the former British prime minister is easily adaptable to mediation. The optimistic mediator considers the mediated settlement probable and helps the parties by spreading the friendly and promising…

The word “manipulation” has a bad name. It is usually used to denote devious and underhand behaviour. If we say that someone is being manipulative or that someone is a manipulative person then we are usually disapproving. Mediators are manipulators, and master mediators are master manipulators. I respond here to Rick Weiler’s recent post, in…

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…

The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the present dispute, the outcome of which was not known to the present parties. In the mediator’s view, it had…

The arrival of the internet age has posed many new challenges as a larger part of the economy has started to operate online and transnationally with a new emerging framework. After the spread of the global computer network and the rise of online business activities and operations, it became necessary for disputes between contracting parties…

There aren’t many models of effective mediation legal frameworks that ensure sustainable systems of mediation. In fact, in most countries, the mediators don’t have demand and a real market for services. They are trying to convince users, lawyers, judges, policy makers, others and sometimes themselves that mediation is a viable option of the dispute resolution…

This post was inspired by conversations with a group of people that I’ve joined last weekend for an amazing field trip in Southern Carpathians. In addition to breath-taking landscapes, mountains are teaching us many lessons, including listening, patience, hope and diversity of paths and destinations. Therefore, mountain walks are not only excellent opportunities for exercises…

The parties left my office much later in the afternoon than I would have foreseen in the morning. As I was accompanying them to the exit, the package was already attending me on the front desk: It was the very typewriter I am now writing this blog on. As I was unpacking it, I was…