Mediation Outcomes

International Mediation, Mediation and Society, mediation as a career, Mediation Outcomes, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Scotland, Uncategorized

(Core Solutions Group)/ /2 Comments

I write this in the aftermath of the really uplifting and wonderfully diverse conference which I had the privilege to host and chair recently in my home city, under the auspices of the International Academy of Mediators. Nearly 120 mediators from over 20 countries attended and shared deep discussions about how we as mediators can…

Below the line, Clients, Commercial Mediation, Communication, Community Mediation, Conflict, Conventional wisdom, Creativity, Dialogue, Dispute Resolution, Due Process, General, Instinct, Intuition, mediation as a career, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Perception, Playbook, Practical Challenges for Mediators, Reflective practise, Skills, Tips, Transformation, Understanding mediation

(Bill Marsh Mediator)/ /11 Comments

It’s not easy to blog once a month, even on a subject I love. Often I sit down to write with no real ideas or inspiration. Sometimes I end up that way too (as you may have noticed!). It becomes easy to dread the approach of my monthly publication date. Often the pressure lies in…

Commercial Mediation, Decision making, Dispute Resolution, Future of mediation, Joint Sessions, Lawyers, lawyers in mediation, mediated settlement agreement, Mediation Agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Promoting Mediation, Scotland, Settlement Agreements, shuttle mediation, Stages of mediation, Success in mediation, Tips, Transformation, Understanding mediation

(Core Solutions Group)/ /Leave a comment

A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had exchanged correspondence deprecating perceived personal insults directed at professional advisers which, it was felt, had damaged reputations. This was a long-running commercial…

Commercial Mediation, Mediation Outcomes, Promoting Mediation, Training, Young Mediators

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

Imagine you are a university lecturer, teaching courses in negotiation and mediation. Imagine you are also teaching a course in legal English for non-native speakers, which closely shadows a course in English private law, taught by a professor of law. One of the things you do in the latter class is support the students in…

Australia, Developing the Field, Ethics, Future of mediation, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Neutrality, Uncategorized, Understanding mediation, Workplace Mediation

(University of Strathclyde)/ /4 Comments

Have you ever wondered who mediators are helping? The parties, obviously! Well, not so obvious to our critics. In this blog I consider worries about mediation’s approach to manifest injustice before making the case for understanding the mediator as co-creator, with the parties, of outcomes. I argue that co-creation enhances the prospects for justice. Stories…

Appointment of Mediators, Below the line, Bias, Clients, Future of mediation, General, Instinct, Intuition, Lawyers and Psychologists, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Perception, Philosophy, Quality, Standards, Success in mediation

(Bill Marsh Mediator)/ /Leave a comment

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement? Perhaps even no meaningful progress towards a settlement? Occasionally, no offers even made? And as you do so, perhaps you find that your thoughts veer from:…

ADR, Creativity, Decision making, Developing the Field, Economics, Future of mediation, Game Theory, Growth of the Field (Challenges, New Sectors, etc.), Impasse, Interests, International Mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Philosophy, Policy, Scotland

(Core Solutions Group)/ /1 Comment

John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from Game Theory. I (John) had been familiar with The Prisoners’ Dilemma…

Brexit, Communication, Decision making, General, Mediation Outcomes

(NZ Centre for ICT Law & School of Law, Auckland University)/ /3 Comments

In the weeks since the Brexit vote and, more recently, the US Presidential elections, both of which caught pollsters, media and just about everybody you and I know by surprise, there’s a vocabulary that has become both familiar and, in New Zealand’s experience, prescient. Look over recent articles online on any major news or aggregator…

Dispute Resolution, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Tactics

(Borneo Martell Turner Coulston LLP Solicitors)/ /Leave a comment

Tackling the cause of a dispute requires attention to detail. Often the real problem is lost in translation. Turning the fall out into legal definitions is the first step but it most certainly is not the most important as the law is only a component in a dispute and rarely provides an answer to it….

Commercial Mediation, Developing the Field, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, Regulation, UN and International Organizations, UNCITRAL

(Centre for Commercial Law Studies, Queen Mary University of London), (Singapore International Dispute Resolution Academy), and (Singapore Management University)/ /Leave a comment

“…the mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies. The failure to periodically step back and take stock of where we are and where we are going increases the likelihood of behavioural ‘drift’…