Not so long ago I was a claiming party as part of a group of plaintiffs in the stead of my elderly parents in a multiparty, multimillion dollar mediation. Now, I mediate around 120 mediations every year as a commercial mediator here in New Zealand so it was with a mix of personal apprehension and professional curiosity…

“At these times”, said Dumbledore, indicating the stone basin, “I use the Pensieve. One simply siphons the excess thoughts from one’s mind, pours them into the basin, and examines them at one’s leisure. It becomes easier to spot patterns and links, you understand, when they are in this form.” (From Harry Potter, by JK Rowling,…

Edinburgh is one of the world’s top tourist attractions. To quote its own website “Edinburgh is an multi-award-winning, world-class tourist destination. A must-see cultural capital. From stunning skylines to sandy beaches, festivals to fireworks – the city has something for everyone, day and night.” So, it can hardly have been good for business when, during…

It is not often that one has the satisfaction of witnessing mediation attracting so much public attention as has been the case lately in Canada and the US. All this thanks to Mediator, Scot Beckenbaugh, credited for his ‘extraordinary contribution’ to resolve the NHL Lockout dispute. Some observers have already nominated Mr. Beckenbaugh for the…

Down here in New Zealand it’s high summer and most of the country will spend until the end of January at the beach. I remember, when I was still at my law firm 10 years ago, the feeling of brief respite at this time of year before having to put on my boots again and trudge…

In the last year I have had the privilege of joining a group of mediators for their monthly CPD (continuing professional development). We are all loosely in the commercial sector, which can include workplace, family business and public sector disputes. This being Scotland (see previous posts on judicial resistance to mediation) no-one is making their…

On the final day of an advanced mediation skills training I took many years ago, the trainers brought in a group of improvisational actors. The idea, as you might readily guess, was to invite us to shake off our habitual responses (together with our post-lunch lethargy) and, unbound by convention, let our creative impulses off…

One year ago, on the 1 September 2012, The Kluwer Mediation Blog was launched with an inaugural posting by the then Minister for Justice in Slovenia, Ales Zalar. Right from the start, Ales challenged readers by offering fresh thinking about political applications of mediation: “Mediation stands for more democracy, which we all need, because it…

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…