Communication, Ethics, Legal Practice, Online Dispute Resolution (ODR), Online Mediation, Technology

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(This post is being republished due to technical issues when it was first published.) “I see contemporary patterns of disputing as an adaptive (but not necessarily optimal) response to a set of changing conditions. There have been great changes in the social production of injuries as a result of, among other things, the increased power…

ADR, Artificial Intelligene, Developing the Field, Gender, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Online Dispute Resolution (ODR), Online Mediation, Practical Challenges for Mediators

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This blog entry has its origins in two threads of conversation. First, as I write, we are just three weeks out from the 2018 Forum on Online Dispute Resolution, to be hosted by the NZ Centre for ICT Law and Auckland Law School. What has been an annual – even flagship – Forum is now…

Argument, Communication, Decision making, Dialogue, General, mediation models, mediation process

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“I hold to the idea that civility, understood as the willingness to engage in public discourse, is the first virtue of citizens.” Mark Kingwell, The World We Want: Restoring Citizenship in a Fractured Age, [Rowman & Littlefield, 2000] A recent email from a US-based group that specialises in facilitating public dialogues in difficult cases noted…

Causes of Conflict, Communication, Conflict, Dialogue, Family Mediation, mediation process, memory, Perception

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“Odd as it may seem, I am my remembering self, and the experiencing self, who does my living, is like a stranger to me.” (Kahneman, Thinking, Fast and Slow, (2011: 390) This blog arises from my recent reading of Dr Atul Gawande’s Being Mortal: Illness, Medicine, and What Matters in the End (2014). This might…

ADR, Developing the Field, General, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, lawyers in mediation, Online Dispute Resolution (ODR), Practical Challenges for Mediators, Stages of mediation

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My guess is that most of my fellow authors on this blog, and probably a high proportion of readers, work in a mediation environment is which clients are represented by counsel. Indeed, if you track back over a number of entries in which matters of process are discussed, it seems typically assumed that counsel are…

Communication, Conflict, Dialogue, General, Mediation Practice, Neutrality, Practical Challenges for Mediators, The role of the mediator

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Many of my fellow bloggers on these pages, and perhaps many of the readers, will have found themselves in the position in which friends, colleagues, workmates or others call on your/our mediation experience at short notice, and in circumstances that are perhaps not ideal in terms of planning and preparation. One of the strategies I…

Developing the Field, General, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR)

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This blog was written in response to several recent meetings with different audiences, which illustrated for me the diverse perceptions of and responses to the role of digital technologies across the practices of dispute resolution. On the one hand, I hear of a cautious judicial recognition that the courts need to develop (and develop soon)…