Mediation Practice

Bias, Conventional wisdom, Cross-cultural, General, Interests, Mediation Practice, Mediators’ Conduct, Practical Challenges for Mediators

(National University of Singapore, Faculty of Law)/ /Leave a comment

[Author’s Note: I am grateful to Ms. Melissa Teo whose journal ruminations led me to the random thoughts that follow] I teach mediation skills at the National University of Singapore Faculty of Law and it has always been something that I have found tremendously fulfilling. Apart from influencing generations of lawyers to consider the resolution…

Causes of Conflict, Conflict, conlfict coaching, Developing the Field, International Mediation, Mediation Practice, Neuroscience, peace negotiations, Uncategorized

(University of Strathclyde)/ /2 Comments

Last Sunday in Edinburgh I took part in a panel on the subject of Intractable Conflict. The principal speaker was Oliver Ramsbotham, Emeritus Professor of Conflict Resolution at the University of Bradford, and author of ‘Transforming Violent Conflict: Radical Disagreement, Dialogue and Survival’ (Abingdon, Oxon: Routledge, 2010). He described a familiar, if depressing, phenomenon in…

ADR, Appointment of Mediators, Arbitration, Confidentiality, Dispute Resolution, Due Process, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, International Mediation, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Practice, Mediation Reforms (Legislation, etc.), Pre-arbitration Dispute Settlement Procedures, Regulation

(Singapore International Dispute Resolution Academy)/ /Leave a comment

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…

Clients, Creativity, Developing the Field, Family Mediation, Future of mediation, Ireland, Lawyers and Psychologists, mediation models, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Public Policy, Reform, Teamwork

(Sabine Walsh Mediation)/ /1 Comment

Armed with coloured paper, crayons and scissors, myself and nine other mediators spent a good portion of last Friday designing our “ideal” family conflict resolution service. While the background to this was, in part, recent and pending legislative change in the UK, some of which looks likely to impact negatively on families in conflict, these…

Commercial Mediation, Communication, conlfict coaching, Creativity, Future of mediation, General, Impasse, Improvisation, Instinct, Mediation Lawyering, Mediation Practice, Mentoring, Tactics, Understanding mediation

(Bill Marsh Mediator)/ /6 Comments

Sometimes, I look around at mediation events at a sea of grey hair (mine included!). Where, I wonder, are those to whom we are handing this torch? And more importantly, what do they think? So as the dust settled on last month’s ICC mediation competition in Paris, I took the chance to capture some of…

Communication, Conventional wisdom, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation traditions, Skills, Training, Uncategorized, Understanding mediation

(University of Strathclyde)/ /Leave a comment

Interesting ripples on the interweb about mediator ‘styles’ – (see the LinkedIn group ‘ADR, Conflict Resolution and Mediation Exchange’). One discussion thread was prompted by a nice ‘Emperor’s New Clothes’ question: can a mediator have any style or does the style vary from situation to situation? The discussion has ranged from styles to models, with…

Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Lawyers, Legal Practice, Litigation, Mediation Practice, Mediation Users/Clients

(Linklaters LLP)/ /Leave a comment

You may have seen a post on 17 April 2012 exploring the thinking behind the Commercial Mediation Group, an affiliation that aims to give a voice to the users of commercial mediation services. The post explained what the CMG had been up to since its inception and communicated the results of a survey on topical…

Below the line, Causes of Conflict, Clients, Commercial Mediation, Conflict, Efficiency, General, Mediation Practice, Mediation Users/Clients, Mistakes, Uncategorized, Understanding mediation

(Bill Marsh Mediator)/ /Leave a comment

Many of you will have read of the tragedy this week in Arizona, where a mediation ended in the death of one party, and the serious wounding of their lawyer. Details are still sketchy, but it seems that a mediation of a commercial dispute was taking place in an office in downtown Phoenix, between a…

Class action, Discrimination, Employment, Mediation Practice, Negotiation, Planning, Wrongful termination

(First Mediation Corporation)/ /2 Comments

Mediating complex employment cases is like rehearsing for a concerto. The conductor spends a substantial amount of time reviewing the score, while the musicians practice the piece both individually and collectively. Hours and hours of practice result in one concert. Malcolm Gladwell, in his recent book ‘Outliers,’ describes the phenomenon of hugely successful people and…