Appointment of Mediators, Caucus, Cross-cultural, Joint Sessions, Lawyers, Mediation and Society, Mediation Users/Clients

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This post is in part a roundabout response to Constantin-Adi Gavrila’s recent Kluwer mediation blog, in which he writes about a conversation with a friend who was convinced that all mediators need to be lawyers. The argument goes that to mediate you need to be a qualified lawyer, have legal knowledge of the disputed matter,…

Communication, Cross-cultural, Training, Transformation

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I have given a little thought as to whether my work as a mediator fits into one of the well-known “styles.” I do not see myself as an evaluative or directive mediator, but I do sometimes tell clients how I see their options. I would say I am a facilitative mediator, but as perhaps most…

Commercial Mediation, Developing the Field, Future of mediation, Global Pound Conference Series 2016-17, International commercial mediation, Mediation Users/Clients, Promoting Mediation

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This blog comes (almost live) from the Berlin Global Pound conference, held on 24 March 2017. This was the 13th in a series of 39 coordinated events on commercial dispute resolution mechanisms around the world. The name goes back to the 1976 Pound conference in St. Paul, which marked a key moment in the advent…

Co-mediation, Mediation with Teams, Workplace, Workplace Mediation

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Mediating inside companies and organizations with teams involves a number of challenges. It can also be very rewarding. Much of my work in this field is in the public sector, which has its own particular parameters too. Here are some thoughts. It Is Usually Late in the Day Team mediation is usually asked for when…

Cross-cultural, Developing the Field, Dialogue, India, International commercial mediation, Promoting Mediation, Young Mediators

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From 11th to 14th January 2017, the second edition of Lex Infinitum was held at V.M. Salgaocar College of Law, University of Goa, Panjim, India. Lex Infinitum – law to the max – stands for an exploration of ADR in India, and particularly the promotion of mediation. The event in Goa is a mediation competition,…

Apologies

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I doubt if there is anybody who has reached a certain age who has never wished for forgiveness from another person. That certain age is certainly not high. Forgiveness from school friends, family members, spouses and partners, colleagues, bosses, subordinates, and complete strangers. Forgiveness for a wrong word, a heated moment, not listening, a lack…

EU Mediation Directive, National Mediation Laws, Promoting Mediation

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There was a prominent mediation case that hit the headlines in Germany in October and November this year. The mediator was none other than former head of government, ex-Chancellor and former Social Democratic Party leader Gerhard Schröder. The present leader of the Social Democratic Party, Sigmar Gabriel, is minister for the economy and had given…

Europe, Training, Workplace Mediation, Young Mediators

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During the first week of October this year we were privileged to be part of a group of people exploring conflict resolution tools in youth and volunteer work. A recent blog on this topic was posted here by Virginia Vilches Such, who was involved in a similar project. We would like to echo her thoughts…

Legislation, National Mediation Laws, Quality, Training

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In March 2014, Sabine Walsh blogged here on the proposed regulation for mediator certification in Germany. This has finally been published by the German Ministry of Justice, on 21 August 2016. The regulation will come into force on 1 September 2017. It was first promised in Germany’s mediation law in 2012, itself made necessary by…

Brexit, Conflict, cross-border mediation, Dialogue, Europe, mediation process

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If Brexit were an ancient Greek tragedy, David Cameron would be the tragic hero. I woke up early on 24 June to see a barometer on the BBC website slightly tipped towards Leave, and then to watch the rest of the votes come in until the text below the barometer stated that there could be…