To paraphrase a worldwide cliché, you wait decades for a Mediation Act and two come along at once. On this typically dreich Scottish summer afternoon I find myself in the surprising position of examining two distinct proposals for mediation legislation. Why surprising? This blog has carried news of a succession of mediation acts in countries…

Being a mediator brings surprises along the way. For me, I was presented with what turned out to be the biggest challenge of my professional career last November when the Cabinet Secretary for Health in Scotland appointed me to conduct a review of allegations made by staff (through whistle-blowers) of bullying and harassment in Scotland’s…

A recent visit to Japan coincided with the inauguration of the new Emperor Naruhito and the start of what has been designated as the ‘Reiwa’ era. This is officially translated as beautiful harmony, although other interpretations have also mentioned order and control! At the ceremony to mark his ascension to the Chrysanthemum Throne the new…

Formality and informality

Place matters It’s good to see authors on this blog referencing academic research – see Rick Weiler’s recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas Quek Anderson (1) has got me thinking about the old chestnut of formality and informality. Anderson considers the impact on people and processes of the…

Does the currently predominant model of commercial mediation – a single session of 3 or 6 hours – support good decision-making by litigants? Some doubt is cast by recent Canadian scholarship dealing with the psychological costs of litigation. In their 2017 paper, Anticipating and Managing the Psychological Costs of Civil Litigation, authors Michaela Keet, Heather…

‘A bird in the hand is worth two in the bush’ is thought to originate from mediaeval falconry! There are a number of variations on the theme – apparently in central Europe the saying is ‘a sparrow in the hand is worth a pigeon on the roof’! A number of cognitive biases are at play…

good mediation seen through a client's lens

“Like poets, but with less time” The Deep End Getting to grips with mediation can leave students and trainees overwhelmed. That favourite training tool, the roleplay, throws most in at the deep end. The sudden immersion forces them to speak, listen and observe while trying to remember models and skills plus a sea of reading…

With few exceptions, mediation is still used in less than 1% of the cases that are pending in the courts of justice from Romania and of other European Union member states. Public policies and adopted legislative solutions are not capable of generating a culture of dialogue, conflict prevention, or amicable settlement. In this context, the…