Photo credit: Christof Häuser, via Nathalie Birli We mediators are accustomed to recognising empathy as an important part of our mediation repertoire which is consistently reinforced in our training and professional development. It is front of mind for many of us as we plan for and conduct our mediations. This blog has seen its fair…

Values drive practice

(I first wrote about mediation’s values 12 years ago at the tail end of a Masters in Conflict Resolution and Mediation Studies.(1) Two years of study had convinced me that it is our values, rather than the techniques we learn, that tell us what to do and say when when mediating. The intervening years haven’t…

In spite of efforts over the last 20 years to promote mediation and the roles of the mediator at EU level, mediation is very, very little used. This result is observed even after implementation of large-scale promotion projects and education programs regarding the benefits of mediation for the health of relationships between people, groups, companies,…

The Japan International Mediation Center in Kyoto (JIMC-Kyoto), which is the first Japanese international mediation centre, was officially launched on 20 November 2018. The centre has a panel of non-resident international mediators. Kyoto, the former Imperial capital of Japan, is a city rich in culture. As one of the non-resident mediators, I am interested to…

“For last year’s words belong to last year’s language; And next year’s words await another voice. And to make an end is to make a beginning.” T S Eliot, The Four Quartets, “Little Gidding” “Perhaps the most terrible (or wonderful) thing that can happen to an imaginative youth, aside from the curse (or blessing) of…

Formality and informality

Place matters It’s good to see authors on this blog referencing academic research – see Rick Weiler’s recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas Quek Anderson (1) has got me thinking about the old chestnut of formality and informality. Anderson considers the impact on people and processes of the…

Does the currently predominant model of commercial mediation – a single session of 3 or 6 hours – support good decision-making by litigants? Some doubt is cast by recent Canadian scholarship dealing with the psychological costs of litigation. In their 2017 paper, Anticipating and Managing the Psychological Costs of Civil Litigation, authors Michaela Keet, Heather…

This is the first in a short series of how parties and advisers can best deploy the “assets” at their disposal in a mediation. Naturally, it is written from my perspective as a mediator, and so I recognise that it may look different when you are representing one side in a mediation, rather than in…

The word “manipulation” has a bad name. It is usually used to denote devious and underhand behaviour. If we say that someone is being manipulative or that someone is a manipulative person then we are usually disapproving. Mediators are manipulators, and master mediators are master manipulators. I respond here to Rick Weiler’s recent post, in…