Mediation can be an intense experience for parties and their advisers. Often there is a lot on the line. In the substance there may be money, control, reputation, pride. In the process, there are challenges such as influencing other parties, getting the best deal possible, making well-informed judgment calls about risk, developing effective offers, and…

I was privileged recently to give opening remarks at a meeting of mediators in the International Academy of Mediators. The remarks were a reflection on the times we as mediators are living in. I share an adapted version here. “There is no us and them, only us”. These words were uttered here in Edinburgh in…

Setting On the virtual veranda; sipping Introduction Adi: Hello Margaret. How are you in these interesting times?. Marg: I am well, thank you Adi. How are you? Adi: I’m finding I have a slower pace and what I think is higher productivity. Marg: I have been reflecting on our discussion about mediation and interests, as…

Woman wearing facemask

‘He who would do good to another must do it in Minute Particulars’ (William Blake, Jerusalem) The coronavirus pandemic deals its cards very unevenly. Some individuals get it lightly, if at all, and even countries seem to be spared, at least for now. For others it’s a catastrophe. Here in the UK we watch, helpless,…

Years ago, as a student in the Harvard Program on Negotiation, I watched the now famous Hackerstar Negotiation video. It’s a great teaching tool and I still use it. It is a masterful demonstration of the power of effective preparation using the 7 elements. It’s also a great demonstration of what I call interruption compulsion…

I am very glad to start today a 4 posts serie with my fellow Gustavo Carneiro, a lawyer and mediator who holds a Public Policy degree, analyzing the new brazilian General Data Protection Law, which will come into force in August 2020 and its application for ODR. Online Mediation and other ODR methods are getting…

Stop apologising

(This blog is adapted from a longer version published by Prof John Lande as part of Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement. The Theory of Change symposium asked mediators and scholars to think big about their dreams and visions for the future, and was recently published on…

One of the most enjoyable aspects of the festive season is receiving and reading books that one might not have come across otherwise. This year, I have been enjoying two quite contrasting works of literature. The first is a Manual for Spectrum Agents (Haynes Publishing) providing “detailed information about the Spectrum organisation”, based on the…

This post was prepared by Christian Radu Chereji and Constantin Adi Gavrilă. There is one thing that strikes every researcher when confronted with EU/national legislation regarding mediation: when one reads the arguments of any piece of legislation, everything looks great. The powerful motives are formulated with excellent logic; but there is no follow-up, no monitoring…