I wrote this piece for Strathclyde Mediation Clinic after a series of conversations with new and learner mediators. Some surprised me with their passivity in the face of parties’ lack of knowledge or understanding. After some probing I learned that many new mediators recognise the problem but believe the model they were taught prohibits them…

The deeply-felt norm of conducting mediation on a single day is eroding as everyone adjusts to the realities of the coronavirus crisis and people appreciate the benefits of spreading out the process over time. This post describes the evolution around the world to what I have called “planned early multi-stage mediation.” One-Day Mediations For many…

Looking back to my lunch on a balcony overlooking the Thames in 2006, I am struck by how far dispute resolution has developed since our host, Michael Leathes, asked: “how, if we could, might we improve the dispute resolution world”? In my opinion Michael’s contribution to that development has been as significant as that of…

This is part 2 of a 3 part blog series highlighting select findsings from the SIDRA Survey 2020. To read Part 1, click here. The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international commercial dispute resolution. Through an examination…

For this blogpost I interviewed Lin Adrian, associate professor of mediation and director of the master’s in Mediation and Conflict Resolution at the University of Copenhagen, Denmark. Together with the master’s in Mediation and Conflict Management at the Viadrina European University in Frankfurt / Oder Germany, Lin conducted an empirical study on the effects of mediation…

The Singapore International Dispute Resolution Academy (SIDRA) released its International Dispute Resolution Survey: 2020 Final Report (‘2020 SIDRA Survey’) on 3 July. It is a compendium of the experiences and views of legal and client users from common and civil law jurisdictions on why and how they choose dispute resolution mechanisms to resolve cross-border disputes….

The importance of gaze

‘Because you’re distant, forgive me for being a little bit bossy’ (Paddy O’Connell, BBC Radio 4’s Broadcasting House) After plying their trade for a while mediators (and broadcasters) develop a persona, not so much bolted on as inhabited. Once in ‘the chair,’ voice, posture and gestures all coalesce to support their purpose and, with minimal…

Those who have practised theatre may have heard of Constantin Stanislavski’s “An Actor Prepares” – a book on acting published in 1936. The book is popular in Hong Kong not only among those in the performing art but also fans of the Asia famous Hong Kong comedian,  Stephen Chow, who posed to be reading the…

Crises by the name COVID19 has caused disruption in many areas of life, which could and often is the source of tensions and disputes. It was therefore natural throughout this period to be hearing calls and hopes for cooperation as well as calls for embracing mediation. Indeed, if there is wrong time to play the…

Ten weeks ago, I had barely heard of Zoom. At that time, I was fairly sceptical about online mediation in the kind of cases I do. It could never substitute for face to face meetings with their intimacy and candour. Or so I thought. I have recently undertaken a number of mediations using Zoom. It…