Rafal Morek’s post last month, Investor-state disputes: how arbitration and mediation can intertwine to provide more resonant solutions, emphasized the increasing use of mediation to resolve investor-state disputes, albeit still confined to a small number of cases under the International Centre for Settlement of Investment Disputes (ICSID) Convention. As the late Professor Derek Roebuck noted…

  As long ago as 1981, in the very first edition of Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher and William Ury proposed the following novel negotiation method:   separate the people from the problem focus on interests, not positions invent options for mutual gain and insist on using objective criteria. Later…

Mediators work hard to help parties to a dispute to explore and understand their underlying needs and interests, which might have been forgotten or overlooked in the defence of a position that was once adopted to promote their interests. A recent book by political scientist Krzysztof Pelc ‘Beyond Self-interest – why the market rewards those…

It’s been a long time since I wrote a blog just about mediation practice. Other things always seem more important! However, as I was mediating this week, a thought occurred to me about a rather imperceptible but very real change in my practice as a mediator, which I develop here, albeit in a simplified way….

Offers in mediation are too often approached with all the coyness of gauche teenagers at a school dance (acknowledging that this metaphor may reveal too much about my own youth!). It need not be like this. Here are some thoughts to ease the pain. Going first is not weakness. All mediations require offers to be…

One of the important things that struck me about Dr. Anna Howard’s brilliant research into Mediation is the discovery that the General Counsel she interviewed for her project feel disappointed that the promise of mediation has not been realized. I feel the same disappointment – although my disappointment has a somewhat different source. What seems…

This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. The monologue situation We have all met the person in our mediations. The one that comes to the table and monopolizes the dialogue, which actually stops being a dialogue and turns into a long, ineffective monologue. And it goes on and on, with no end…

In the 1930’s anthropologist Gregory Bateson developed the concept of Schismogenesis – the creation of division. He defined this as ‘a process of differentiation in the norms of individual behaviour resulting from cumulative interaction between individuals’, or groups of individuals. A process of this sort can result in individuals or groups drifting apart, almost becoming mirror…

On the first day of this year the international mediation community lost a wonderful friend and colleague. The memorial page established by his family shows just how wide and deep the affection reaches. He provided memorable experiences to so many of us. And whilst we both certainly remember (and enjoyed) his joie de vivre, the…