Setting the scene Having participated in mediations only as a mediator, trying to be polite and respectful while appearing to be confident when actually terrified, I recently found myself participating in a mediation as a supporter of one of the parties, a friend of mine in a difficult situation. Engaging with the mediator The mediator…

Professor A.C. Grayling, an Oxford don, has recently published The Frontiers of Knowledge.[1] According to Professor Grayling, the more humankind knows, the more we realise the limits of our knowledge. Grayling identifies twelve problems confronting scientific enquiry which he says stand in the way of increased knowledge. These problems can equally apply, in their own…

Negotiators in a mediation

It’s been a while since I wrote about practical tips for mediators. Yet when I ask people what they want from training or teaching the commonest answer is… practical tips. I offer some below on working with parties who take cold feet just as resolution is approaching. I was recently asked to speak with lawyers…

In this blogpost, I interview Alesia Ehrhardt on the uses of mediation in business and start-ups, and on her success as a coach at the recent IBA-VIAC International CDRC Mediation and Negotiation Competition. Alesia studied at Technical University of Applied Sciences Wildau, Germany, where she participated in several courses I taught. You are a “venture…

Every now and again something happens to cause me to pause and think – or re-think. Recently, I had that experience at a small ruined castle in the heart of Scotland, near a lovely country town called Edzell. Edzell Castle, visited by, among others, Mary Queen of Scots and her son, King James VI of…

On July 12, 2021 the UK Civil Justice Council published its Report on Compulsory ADR . It considered first whether parties to a civil dispute in England and Wales may be compelled to participate in an ADR process. As to this question, it will be recalled that, in the Court of Appeal decision in Halsey…

Less than you might think, according to Sir Geoffrey Vos, the newly-appointed Master of the Rolls. The Master of the Rolls is responsible for the administration of civil justice in England & Wales. Sir Geoffrey was sworn in to this post in January 2021. He has spoken several times since then about his vision for…

Erisology has been defined as the study of disagreement – where people are no closer to understanding each other at the end of an exchange than they were at the beginning. Sound familiar? Eris was the Greek goddess of discord.  The term was been coined by John Nerst, a blogger in Sweden, who is interested in…

I was puzzled to get an email from a mediator thanking me for my recent post, which advocated using a unified conceptual framework of unbundled mediation interventions. The puzzling part was that she wrote that it helped to “validate my theory that ‘bundling’ of mediation models can be appropriate and effective in the right case…

Mr. Jawad has been a mediator since 2007 and a passionate promoter of mediation in India from its earliest days. Jawad works as a mediator and trainer with the Mediation and Conciliation Project Committee of the Supreme Court of India and is a global faculty with ADR ODR International UK. He is a SIMI accredited…