mediation traditions

Community Mediation, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation traditions, Mediation Users/Clients, Neutrality, Practical Challenges for Mediators, Scotland, The role of the mediator, Uncategorized, user perspectives

(University of Strathclyde)/ /1 Comment

(This post is being republished because of technical problems when it was first published.) One of the key debates among mediators centres on the word ‘evaluation’. I’ve written about this before – see Has the evaluative label outlived its usefulness? I’m sure many readers are familiar, even bored, with the claimed polarity between facilitative and…

International Mediation, Mediation and Society, mediation as a career, Mediation Outcomes, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Scotland, Uncategorized

(Core Solutions Group)/ /2 Comments

I write this in the aftermath of the really uplifting and wonderfully diverse conference which I had the privilege to host and chair recently in my home city, under the auspices of the International Academy of Mediators. Nearly 120 mediators from over 20 countries attended and shared deep discussions about how we as mediators can…

Dispute Resolution, Future of mediation, Legislation, Mediation Practice, mediation process, mediation traditions, Middle East, Policy, Promoting Mediation, Reform, Regulation, The role of the mediator

(Georgetown University Law Center)/ /Leave a comment

Mediation existed in the Middle East hundreds of years ago. In fact, the notion of deferring to a neutral and objective third-party for a decision towards the resolution of a dispute is well steeped in Arabic/Islamic traditions. For example, one of the most famous stories of Prophet Muhammad’s early life is that of him being…

Communication, Conventional wisdom, Developing the Field, Dispute Resolution, Efficiency, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, mediation models, mediation process, mediation traditions, Success in mediation

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

In 1861, the then Secretary to the Education Department, Robert Lowe, addressed the UK House of Commons on the pressing matter of elementary education, in particular on the linked questions of access to education, funding, and quality. His proposal was to introduce a system of “payment for results”, designed both to limit the costs of…

Conflict, Developing the Field, Family Mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation process, mediation traditions, Scotland, Uncategorized

(University of Strathclyde)/ /2 Comments

“Patients don’t expect doctors to be perfect. They do expect them to strive for perfection by opening up their work to scrutiny” Atul Gawande, Desert Island Discs, BBC Radio 4, 6/12/15. A bit of a treat for me last week, when four of my favourite academics came to Edinburgh. They were keynotes at Mediate Scotland…

ADR, Argentina, EU Directive on Mediation, Future of mediation, History of mediation, mediation traditions

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

This question emerges from a recent three-way Skype conversation with a couple of mediation colleagues, in anticipation of a US-sponsored conference on ADR, to be held in Brazil later this year. As it transpired, the predominant interest of the conference was and is on arbitration rather than mediation, so that conversation has taken a longer…

ADR, Arbitration, Dispute Resolution, Evaluative Mediation, Med-Arb Clauses, mediated settlement agreement, mediation models, Mediation Outcomes, mediation traditions, Neuroscience, Scotland

(Core Solutions Group)/ /2 Comments

My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the University of New South Wales in the annual ICC mediation competition. One topic which stimulated some forthright conversation was the use…

Clients, Communication, Conventional wisdom, Dispute Resolution, Mediation Practice, mediation process, mediation traditions, Stages of mediation

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

The recent blog entry by Matthew Rushton (23 August) is a reminder of what changes can and do happen across the diverse landscape of mediation, and of the ways in which the “classical” model of mediation is probably as much a fond memory as it is a consistent practice. In both practice and training, we’ve…

Conflict, crisis negotiatons, Disclosure, Dispute Resolution, Domestic Courts, Enforcement, General, History of mediation, Lawyers, Legal Issues, Mediation Outcomes, mediation traditions, National Mediation Laws, peace negotiations

(Bill Marsh Mediator)/ /3 Comments

This year in the UK we are celebrating the 800th anniversary of the Magna Carta, or “Great Charter”. Signed in 1215, it remains one of the most famous documents in the world, and central to the British constitution. In mediator parlance, it is a “settlement agreement”. It came into being as a compromise between King…

History of mediation, Language, mediation traditions, Negotiation, Neutrality

(FORARB/Charles University)/ /Leave a comment

There is by far no other nation that would contribute to European civilisation with such an enormous portion and that would be so easily forgotten as the Etruscans. According to some authors, their influence to nowadays’ Europe culture is at least comparable to that one of Romans or Greeks. And yet, how many people enjoying…