Michael Leathes in his recent  thought provoking post argues for the need for more “field-based” mediation research by which he means actual observations of the live action by skilled researchers.  He poses the questions: “Has the mediation world spent too long developing lab-based facts to suit its theories? Might it start to hone new theories…

We Australians love sport in general and cricket in particular. Unless you have been living in a cave, with no access to any media reporting whatsoever, you will know that the Australian cricket team is under a cloud. Saturday March 24th 2018 was the third day of the third cricket test between Australia and South…

The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the present dispute, the outcome of which was not known to the present parties. In the mediator’s view, it had…

I was outside a city-centre store in the drizzle and dark two days ago, wondering whether my brain was made for better things than standing reflecting on waiting for my wife to emerge from a busy shop with another last-minute Christmas present. The human brain is a wondrous thing; we waste its powers in the…

Brexit negotiated!

In this blog I discuss the rise of ODR (online dispute resolution). I review recent developments including a live, online Brexit negotiation, which point to a mainstream future. I conclude that ODR will become an integral part of the justice system. When Frank Sander coined the term ‘Alternative Dispute Resolution’ his relatively modest proposal placed…

Julian Baggini’s recently published book “How the world thinks” is a history of global philosophy, looking at how thinking has developed in different places and times. In the introduction he highlights the importance of not just seeing something from another’s perspective, but trying to see what they are seeing as well. As he puts it:…

In October, we reported on a recent case from the Singapore High Court: Chan Gek Yong v Violet Netto. In that post, we examined the High Court’s attitude towards parties who have had a change of heart after agreeing to conclude a Mediated Settlement Agreement (‘MSA’) and wish to challenge its validity. Last month we…