I was fortunate to have been in Belfast, Northern Ireland for the International Negotiation Competition for Law Students hosted by Queen’s University. This is a competition that is run every year where students from law schools all over the world meet to negotiate simulations where they represent clients in deal-making or dispute-resolving contexts. As part…

Professions (and hence professionals) are both blessed and cursed with high expectations. The upside is clear: the public expects high standards, expertise and care, and in return is prepared to pay handsomely. The downside typically involves disciplinary sanctions against those not measuring up to those standards, although issues of probity rather than competence tend to…

This time of year in Ireland (August) is referred to by many as “the silly season”. Courts, legal offices and many other public services close for holidays, children get bored having been on holidays for 6 weeks already, people flock to last minute sun holiday destinations as they realise that, yet again, it is going…

How many times have you confronted the mediator before the session begins with this question: “You’re not going to do a joint session are you? I don’t l think it will be productive.” The conventional wisdom in such a request is to avoid a moot court debate in which counsel are forced to advocate strong…

I find myself writing this blog from South Africa, at the annual conference of the International Association of Conflict Management – http://www.iacm-conflict.org/. It is a fantastic melting pot of ideas, bringing together a range of cultures and identities. Cultures, at first sight, seem to describe national and group identities: South African, American, French, Dutch, Tanzanian,…

The Problem You have become accustomed to communicating settlement offers through email; Your email efforts have been misunderstood by the other side;   In the fast-paced world in which we live, it is easy to get caught up in communicating through electronic channels such as the BlackBerry or the iPhone so that your message is…

Part of my misspent youth was spent on immersing myself in reading about, taking trainings in and practicing Neuro-Linguistic Programming (NLP). Over the years, NLP has affected my thinking about and approach to my training and practice of mediation. Some readers may not be familiar with NLP. I will provide a, necessarily, brief background here…

This week the 5th World Summit on Elder Mediation is taking place in Glasgow: see http://www.eldermediation.ca/styled-2/index.html. It is an inspiring gathering, bringing together mediators from Canada, Ireland, Spain, Switzerland, England and Scotland, all committed to helping older people deal with conflict in a way that is humane and just. The range of issues is daunting…

This month I want to share with you a little gem of a mediation book, published late last year by the Irish state-funded Family Mediation Service (FMS). I wanted to review this book for two reasons – first of all, because it is an excellent publication which, though written in the context of the 25th…

As you would expect, judges are appointed for their ability to adjudicate, often untested at the time of elevation to the Bench. Once appointed, many jurisdictions around the world then ask their judges to suspend their adjudication skills in favour of mediating controversies coming before the court, often in an effort to reduce backlogs. And it seems…