I recently had three mediations in a row that failed to reach settlement. After a couple of days contemplating running away with the circus and other lateral career moves, I started focussing on what I might have done differently and what might yet be done to advance resolution. Counsel and parties look for perseverance in…
This week in Glasgow, Strathclyde University hosted the first seminar in a series entitled ‘Reframing Resolution – Managing Individual Workplace Conflict’. The six seminars will take place across the UK over the next 12 months and the opener was ambitiously called ‘Understanding Individual Employment Disputes.’ The day contained elements that were encouraging and others that…
To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator’s opening speech, and the secrecy/privacy of the process will be affirmed and reaffirmed. In the commercial mediation arena, and these days most other practice areas, you will also sign a contractual undertaking…
Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…
Professions (and hence professionals) are both blessed and cursed with high expectations. The upside is clear: the public expects high standards, expertise and care, and in return is prepared to pay handsomely. The downside typically involves disciplinary sanctions against those not measuring up to those standards, although issues of probity rather than competence tend to…
This time of year in Ireland (August) is referred to by many as “the silly season”. Courts, legal offices and many other public services close for holidays, children get bored having been on holidays for 6 weeks already, people flock to last minute sun holiday destinations as they realise that, yet again, it is going…
I find myself writing this blog from South Africa, at the annual conference of the International Association of Conflict Management – http://www.iacm-conflict.org/. It is a fantastic melting pot of ideas, bringing together a range of cultures and identities. Cultures, at first sight, seem to describe national and group identities: South African, American, French, Dutch, Tanzanian,…
I have in previous posts referred to the distinction between direct and indirect forms of communication. Mediators will certainly have encountered these forms of communication before. Without seeking to offer a comprehensive or technical definition of what direct and indirect communication is, I would like to share some thoughts on this topic. First, it is…
It is the end of semester at the Faculty of Law, National University of Singapore and I have just wrapped up the Mediation Workshop that I teach every year. This workshop is intended to equip senior law students with foundational skills of mediation and mediation advocacy through active learning activities like role-plays and reviews. One…
I was recently given an extraordinary birthday present: a day at the Nick Nairn Cook School (www.nicknairncookschool.com). Nick Nairn is one of Scotland’s most famous celebrity chefs, known for his respect for traditional Scottish fare, and as something of a foody I couldn’t think of a better way to spend a Saturday. I wasn’t disappointed….
