For the past 2 weeks I have been teaching an intensive postgraduate class on interest-based negotiation. Most of the group were international students who, until now, had been undertaking their studies online and in their own countries. Despite this country’s reputation as a safe place many were finding Australia and Australian ways difficult…
The former British politician (and leadership contender when the Conservative Party was choosing Boris Johnson), Rory Stewart, is making a mark as an even more independent thinker than he was in the British Parliament. Recently, he hosted a three-part series on BBC Radio 4 entitled A Long History of Argument. It is worth listening to…
The world of mediation today is far from the embryonic world I joined in the late 1980s. It has been wonderful to be part of the journey. From time to time there are major ‘disruptions’ – the exploration of mandatory mediation in some jurisdictions; the debates over definitions and enforceability and most recently the impact…
Offers in mediation are too often approached with all the coyness of gauche teenagers at a school dance (acknowledging that this metaphor may reveal too much about my own youth!). It need not be like this. Here are some thoughts to ease the pain. Going first is not weakness. All mediations require offers to be…
I say regularly that students make the best teachers. My students continue to prove me right. In my recent ADR program I confessed to my undergraduate students that having a conversation about culture was something that made me very anxious. I feel poorly prepared and I fear, with the best intentions, causing offence and appearing…
“The grandchildren put out a treble tongue, Law is the senses of the young” W H Auden, “Law like Love” “In a room where people unanimously maintain a conspiracy of silence, one word of truth sounds like a pistol shot.” ― Czesław Miłosz (Polish-American poet, 1911-2004) A couple of months ago, our 15-year old granddaughter,…
Mediation can be an intense experience for parties and their advisers. Often there is a lot on the line. In the substance there may be money, control, reputation, pride. In the process, there are challenges such as influencing other parties, getting the best deal possible, making well-informed judgment calls about risk, developing effective offers, and…
Kindergarten and conflict – Pre-school leadership in conflict resolution. Becoming a devoted Grandma has been a surprising and enriching learning experience for me. The early childhood teaching and learning regime in Australia (and across the world) is truly remarkable and is revolutionising how children engage with the world. An important element of this is…
This is the first in a short series of how parties and advisers can best deploy the “assets” at their disposal in a mediation. Naturally, it is written from my perspective as a mediator, and so I recognise that it may look different when you are representing one side in a mediation, rather than in…
Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a mediation appears to have resolved successfully. They can rescue us – helping us identify and avoid previously unforeseen difficulties. Here’s an example Mr. and Mrs. Studer moved…
