In this article I discuss some of the perception and cognitive biases relevant to conflict as well as the interaction between biases and conflict. I think that it is important for mediators to be aware of the parties’ biases, firstly, to understand how biases are contributing to the conflict, and secondly, to help the parties…

I have just read Ian Macduff’s recent Kluwer blog (26 November: “Upheaval and resilience: a note from the Shaky Isles”). What a privilege it is, in this blog, to follow Ian’s erudite writing. He captures so well the spirit of the age, with all its uncertainty, tragedy, hope and opportunity. On that theme, my wife…

Rather than use Brexit and the US elections as introductory examples of dramatic change, I’m going to use yesterday’s seismic event in Chicago instead. Yesterday, the Irish rugby team beat New Zealand’s All Blacks for the first time ever (111 years). If that hasn’t changed the landscape of rugby, I don’t know what will. Anyway,…

The Olympics have come and gone with all of the emotion and inspiration they bring. In our recent, fully-subscribed, residential Summer School on mediation skills for leaders, we reflected on the learning from Rio. We watched a video replay of the men’s taekwondo -80kg final in which Team GB’s Lutalo Muhammad lost to his Ivory…

“Caminante, no hay camino, se hace camino al andar” “Traveller, there is no path, the path must be forged as you walk.” Antonio Machado, as quoted and translated in Daring Greatly, Brene Brown Those were two very long and eventful days. Though the prospect of reaching an agreement appeared remote – at best – at…

This week the South China Morning Post featured an article entitled “Why the theories of Einstein, climate change or evolution can never be proved right”. Referring to recent world headlines that Einstein’s theory on gravitational waves had finally been proven, the writer, Timothy Wotherspoon, argues that a scientific theory can never been proven right. He…

To the extent that a mediator’s job involves listening to people complain and engage in negative behaviour, mediators face a serious mental health hazard. Research shows that listening to ongoing negativity impairs the brain function of the listener. Yes! Listening can be bad for you if you have a whinging party in the room, and…

In February 2015, the American Bar Association Section of Dispute Resolution organized and ran the Asia Pacific International Mediation Summit in New Delhi, India. I had the honour of presenting at a number of sessions at the summit and I would like to explore one of those sessions in this month’s entry. I was part…

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…

Is it true that as we get older, we tend to forget things more easily? Or is it that some things are just less important? As negotiators and mediators, we often deal with complex layers of information that appear all too much for any one person to recall. So we enter the negotiation room burdened…