ADR, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Scotland

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A few months ago I painted a not-terribly-flattering picture of Scottish justice as experienced by small claimants – (Oiling the Wheels of the Justice System). Seen through the eyes of a mediator (and ex-lawyer) the language, practices and architecture seem calculated to confuse those most in need of assistance and clarity like unrepresented parties and…

Conflict, Developing the Field, Impasse, lawyers in mediation, mediation models, Mediation Practice, mediation process, Mistakes, Tactics, Tips, Understanding mediation

(University of Strathclyde)/ /5 Comments

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,…

ADR, Clients, Court Procedure and Litigation, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Scotland, Uncategorized

(University of Strathclyde)/

[A talk given at the recent “100 cases” event in Glasgow to celebrate two years of small claims mediation provided by Strathclyde Mediation Clinic. Judges in Scotland are known as “sheriffs”.] I’ve been rather enjoying my belated return to the small claims court. Like a kind of slow theatre, each Friday afternoon unfolds with impeccable…

Causes of Conflict, Conflict, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Mediation Practice, Practical Challenges for Mediators, Tips, Training

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“You cannot direct a living system; you can only disturb it”1 When mediators join a conflict, they enter a living system. Realise it or not, that system is instantly changed by their arrival. Change may be for the better, and we hope our influence is benign, but nothing is the same again. It therefore makes…

Conflict, Developing the Field, Family Mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation process, mediation traditions, Scotland, Uncategorized

(University of Strathclyde)/ /2 Comments

“Patients don’t expect doctors to be perfect. They do expect them to strive for perfection by opening up their work to scrutiny” Atul Gawande, Desert Island Discs, BBC Radio 4, 6/12/15. A bit of a treat for me last week, when four of my favourite academics came to Edinburgh. They were keynotes at Mediate Scotland…

ADR, Bias, Cognitive Bias, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, Lawyers, Legislation, Litigation, mediation as a career, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Reform, Scotland, Uncategorized, user perspectives

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In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Legal Issues, Litigation, Mediation Agreement, Mediation Outcomes, Scotland, Settlement Agreements, Uncategorized, Understanding mediation

(University of Strathclyde)/ /7 Comments

Regular readers of this blog will know that I am exercised by the question of justice in mediation. I test the concept on people I meet; responses range from “that’s an interesting idea” to “it has nothing whatever to do with it”. At a conference earlier this year a senior lawyer claimed he could count…

ADR, Cognitive Bias, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Efficiency, Fear, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Humorous Pieces, Intuition, Lawyers, Mediation Lawyering, Mediation Users/Clients, Scotland, Uncategorized

(University of Strathclyde)/ /3 Comments

We have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in first; teachers’ strike back with marks and comments. It’s a familiar ritual with its own rhythm and reasoning. It can be viewed as arduous by both sides…

Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Due Process, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Mediation Reforms (Legislation, etc.), Online Dispute Resolution (ODR), Opt-Out, Public Policy, Reform, Technology, Uncategorized

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‘Justice’, an “all-party law reform and human rights organisation working to strengthen the justice system” launched a new report on April 23rd entitled ‘DELIVERING JUSTICE IN AN AGE OF AUSTERITY’. The report could be described as a plan to deliver justice despite the cuts. It proposes a transformation of the court system in England and…

Causes of Conflict, Conflict, Developing the Field, Instinct, mediation as a career, Mediation Practice, Practical Challenges for Mediators, Scotland, Skills, Tips, Uncategorized, Understanding mediation

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(This is the final part of a keynote address to the YMCA Conference “From Reactions to Relations” in Burton on Trent on 20 November 2014.) Having considered what we can’t help noticing about our clients and about conflict I now turn to the tricky business of self-knowledge: what has our unique perspective at the heart…