饮水思源 – Chinese proverb meaning “When you drink water, remember its source” Many will remember 25 August 2012 as the day Neil Armstrong passed away. Neil Armstrong was a hero and an inspiration to many. He was of course the first man to walk on the moon and his achievement was symbolic to many of…

Mediators often talk about the power of framing their own language and reframing the language of parties and others in mediation settings. For example, mediators may frame their comments in neutral, constructive and future-focused language. They may reframe party statements to detoxify offensive or destructive language or to create a shift from the negative to…

The Problem with Conventional Wisdom in Negotiation  Conventional wisdom in negotiation provides specific responses to stimuli that are categorized as competitive or cooperative behavior. Depending on the identity of the behavior, the negotiator is taught to distribute a set value through a series of moves and concessions, or create value through ideas and transformative behavior….

How many times have you confronted the mediator before the session begins with this question: “You’re not going to do a joint session are you? I don’t l think it will be productive.” The conventional wisdom in such a request is to avoid a moot court debate in which counsel are forced to advocate strong…

This story is for you if: You have made a big mistake in a negotiation and you need a way to recover; Your efforts at settlement have fallen on deaf ears; You have stepped in a negotiation minefield and you need to find a way to get back on track.   Periodically we find ourselves…

It is a fact of life that lawyers will be involved in many mediations, particularly where they involve litigation matters. Despite initial reluctance to embrace mediation, the tide is turning as Sabine Walsh explains in her posting, Of Turkeys and Christmas – The Role of Lawyers in Mediation. A specialised form of legal practice is…

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…

This Decree establishes in the French Code of Civil Procedure a Chapter dedicated to the amicable resolution of disputes outside the Courts. Said Decree defines the rules applicable to each of the modes providing for amicable resolution of disputes. The Decree No. 2012-66 (the Decree) mainly enacts rules dealing with certain aspects of mediation in…

What is Collaborative Law and Practice? Collaborative Law is a mode of dispute settlement, mainly used in family disputes (divorce, separation) and sometimes in civil matters (inheritance, commercial disputes), allowing the disputants to work as a team with trained professionals to resolve disputes respectfully without going to court. The Minnesota (USA) family lawyer Stu Webb…