Mediators’ Conduct

Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Developing the Field, General, Lawyers, Mediation Practice, Mediators’ Conduct

(Linklaters LLP)/ /Leave a comment

We were pleased to see the recent launch of the Commercial Mediation Group covered by the Editor’s blogpost last month. So why set up the Group, what are we doing and where is this headed? As for the thinking behind the initiative, the Editor hit the nail on the head. For many years the ‘mediation…

Bias, Clients, Conciliation, Conflict, General, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct

(Bill Marsh Mediator)/ /Leave a comment

I recently came across a new word – new to me, at least, which was irritating because I pride myself on having a pretty good vocabulary. The word is “Chaordic”. To quote Wikipedia, “The portmanteau chaordic refers to a system of governance that blends characteristics of chaos and order”. The term was apparently coined in…

Business, Developing the Field, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediators’ Conduct, Online Dispute Resolution (ODR), Standards, Success in mediation, Uncategorized, War Stories

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

Yes I do –  and as I stood 4th in line outside Dick Smith’s (read  PC World or Radio Shack) at 5am Friday week ago waiting to get my hands on my first iPad I resolved to make the iPad 3 central to my practice. The guy next to me had been on the TV…

Causes of Conflict, Clients, Confidentiality and Transparency, Conflict, Developing the Field, Ethics, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediators’ Conduct, Training

(Pel Mediation)/ /Leave a comment

In mediation, the art of the mediator is to lead the mediation participants to the best possible solution of their conflict, based on their underlying interests. It is the art of seduction to shift the focus from their points of view and desired outcomes to interests, and also from the escalation-driven wish to “win” and…

Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Developing the Field, General, Lawyers, Mediation Practice, Mediators’ Conduct

(Bill Marsh Mediator)/ /2 Comments

These days, I don’t go to that many mediation conferences. I haven’t lost my interest or passion for mediation, I just find that the conferences are all full of mediators talking to mediators. And while some of my best friends are mediators, I don’t need a conference to talk to them. The harsh truth is…

Clients, Confidentiality, Confidentiality and Transparency, Disclosure, Family Mediation, General, Language, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Uncategorized

(National Alternative Dispute Resolution Advisory Council)/ /Leave a comment

Mediation doesn’t require special premises. It can be conducted in any type of place. There are Native Title mediations for Indigenous Australians that can happen at least in part on the land in question, under a tree or on a hill side. Mediations in the workplace often happen in the place where the dispute originally…

Accreditation, Appointment of Mediators, Arbitration, Clients, Developing the Field, Due Process, Ethics, Europe, General, Governments/Public Sector, harmonisation of mediation law, Mediation Agreement, Mediation Institutions and Rules, Mediation Practice, Mediators’ Conduct, Regulation, Responsibility of States, Standards, Success in mediation, Training

(Pel Mediation)/ /Leave a comment

Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is possible. So commitment of the parties is a sine qua non. Still, we must also look at the mediator, who may be essential for…

Causes of Conflict, Commercial Mediation, Efficiency, Ethics, Mediation Outcomes, Mediators’ Conduct, Practical Challenges for Mediators, Time Pressure

(Pel Mediation)/ /Leave a comment

We live in an age when we all seem to try to get more out of our time. We try to expand time by doing things more quickly and more efficiently than we could before we had airplanes, computers, and all our other electronic devices. We have, however, also created more and more time pressure…

Commercial Mediation, Mediation Practice, Mediators’ Conduct, Practical Challenges for Mediators, Uncategorized

(Weiler ADR Inc.)/ /Leave a comment

As I open each mediation session I remind everyone that the mediation is “confidential”, “without prejudice”, “off the record”.  I acknowledged that these three concepts don’t mean precisely the same thing at law but that for practical purposes it is our common intention and agreement that “what’s said here, stays here.” I know there’s more…

Apologies, Clients, Developing the Field, General, Language, Mediation Practice, Mediators’ Conduct, War Stories

(University of Strathclyde)/ /3 Comments

This blog is inspired by a page from Monty Python’s ‘Big Red Book’ entitled ‘Why Accountancy is Not Boring.’ (Apologies to those who have not come across the Pythons’ rather English form of humour – for the original piece see http://arago4.tnw.utwente.nl/stonedead/publications/sketches/accountancy.html) Apologies too to accountants everywhere who, in the 1970’s, were probably as easy a…