The parties left my office much later in the afternoon than I would have foreseen in the morning. As I was accompanying them to the exit, the package was already attending me on the front desk: It was the very typewriter I am now writing this blog on. As I was unpacking it, I was…

“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…

Three recent mediations in three jurisdictions raised some interesting issues.  Each mediation was different. One involved a claim for professional negligence against a firm of solicitors for (allegedly) incorrectly including an occupied building in the sale of a large piece of land. The sellers were unhappy that many years had elapsed since the transaction, a number of them passing while…

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…

I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a specific suggestion by the mediator. I have changed my view….

It was just a few moments. “You can’t play on our course without proper golf shoes.” “But we played here two days ago in these shoes.” “My colleague must have made a mistake”. “But it was you who let us play…”. “It’s in our rules.” “Where?” “Here.” “No it’s not. There is nothing about soft…

Regular readers of this blog may recall my 10 tips for participants who took part in the recent ICC Commercial Mediation Competition held in Paris – a wonderful time was had by all but that’s for another post. One of those tips was about keeping it real and suggesting a ‘steel fist inside a velvet glove’…

Like many of us, I listened with rapt attention to the reporting from Geneva of the Syrian peace talks last week. So much is at stake. And so much of it feels very familiar to me as a mediator. One particularly interesting item was a radio interview last Saturday with a Syrian media officer who…

This is where I did my best work in Christmas week – in the twilight zone between the joint session room to the right of the water cooler and the private caucus room off to the left by the green bins. Corridors can be furtive and risky spaces on mediation days – ‘don’t ask me…