This blog is a further reflection on the implications of Brexit, viewed from a Scottish perspective. There are at least four possible outcomes for Scotland’s constitutional future. One, Scotland as wholly independent, neither in the UK nor in the EU. Two, as an independent nation within the EU. Three, as a constituent part of a…
This is not a really post about Brexit; but then again I do circle some of the themes that earlier post-Brexit Kluwer bloggers have addressed, in a series of thoughtful, passionate and concerned comments. “Brexit” has become, beyond the decision and its fallout, a placekeeper for a range of other concerns, about community, tolerance, dialogue,…
As ADR practitioners, I think it is important to take a step back every now and then and reflect on the importance of the good work we do: We strive, every day, to bring people together and help them move forward. That’s an amazing thing. As an American, I am currently surrounded by media coverage…
In the aftermath of the Brexit vote and the appointment of Theresa May as England’s Prime Minister, there are many things to think about and there will be much to negotiate. While some commentators anticipate a U-turn on Brexit, Theresa May has made it clear that “Brexit means Brexit” – whatever that means. In this…
Despite some scepticism about the value of “roleplay” most mediation training involves asking people to run a pretend mediation session. I’ve tried various euphemisms to ease trainees’ anxiety – “skills practice”, “simulation”, “sitting with conflict” – but none seems to make it any less daunting. You can read about this activity, watch others do it,…
The Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes (Directive on consumer ADR) obliged Member States to bring into force the laws, regulations and administrative provisions necessary to comply with said Directive by 9 July 2015. Today we should hence be celebrating…
Writing a post in the aftermath of what happened on Friday, the 24th of June 2016, is an opportunity to reflect on what it takes to conduct an effective mediation process, and above all a constructive dialogue. Clearly this post is an insight on my own personal reflections to date. With the weeks ahead, I…
Recently, Dr. Grant Morris of Victoria University in Wellington, New Zealand completed valuable research on the nature of private commercial mediation in New Zealand. The aim of the June 2016 research was to examine the commercial mediation market from a gatekeepers’ perspective – that inevitably meant lawyers were the main source of data. Commercial lawyers at…
Perhaps we shouldn’t be too surprised by the whole Brexit affair. I’m not talking about the result of the vote itself, but about the referendum process, the behaviour it engendered, and its aftermath. All the classic features were present. Classic features of what? Well, of binary processes. Those that offer a win/lose, yes/no, remain/leave…
When I was shopping at the Marina Bay Sands Mall in Singapore some couple months ago, a young Singaporean approached me and politely asked me to participate in a survey. “Where are you from?” the girl stated her first question. “From Prague, Czech Republic…” She smiled and her view gave away her confusion. Obviously, she…
