Business

Book Review, Business, Causes of Conflict, Cognitive Bias, Commercial Mediation, Dialogue, Economics, Governments/Public Sector, Mediation and Society, Partnering, Public Policy

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

“The road to hell is paved with good intentions” was a saying I heard quite a few times while growing up, as another childhood wheeze bit the dust. I returned to it while reading Michal Sandel’s recent book ‘The Tyranny of Merit’, in which he takes a very critical look at the notion of meritocracy….

Business, Communication, Cooperation, Creativity, Dialogue, Economics, Mediation and Society, Partnering, Policy, Trust, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

Might we get better results in many of the tasks we undertake if we gave more thought to the way we do things before focusing too early on what to do?  As mediators we know that spending sufficient time on the process of problem solving and negotiation pays dividends in terms of the content. There are…

Business, Cooperation, COVID-19, Dialogue, Economics, Mediation and Society, Public Policy

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

“in the wreckage left behind by the coronavirus pandemic, a new era is beginning. What does it hold?….What is clear is that the old economic paradigm is looking tired. One way or another, change is coming.” The Economist This quote relates to the way in which economies are managed at a macro level – where the…

Business, Clients, Commercial Mediation, Conflict, conlfict coaching, Dialogue, Dispute Resolution, Framing, Uncategorized

(University of New South Wales)/ /2 Comments

In lock-down it can be a challenge to differentiate one day from the next. We’ve all been a bit less fastidious with our general presentation and dress and we have become very used to the domestic backdrop we observe as we Zoom with colleagues and clients. One of the things I wisely grabbed as we…

Below the line, Business, Causes of Conflict, Commercial Mediation, Conflict, Developing the Field, Economics, Mediation Practice, Practical Challenges for Mediators, Reflective Practice, Scotland, Uncategorized

(University of Strathclyde)/ /Leave a comment
money

Twice today I’ve found myself responding to mediator reflections in these terms: the money’s not about the money. Both cases involved financial negotiation, even haggling, but that’s deceptive. The key to settlement lay not in the realm of calculation and rationality but in the more opaque social world of face, punishment, justice and emotion. In…

Business, Cognitive Bias, Creativity, Economics, Efficiency, Environmental Mediation, Game Theory, Mediation and Society, Public Policy

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

If the natural resources of the planet and its capacity to cope with our waste are finite, is it reasonable for mediators to be encouraging people to search for positive sum solutions which can benefit all parties to a negotiation? If you can achieve a win-win in one case could it, on a global scale,…

Bias, Business, Cognitive Bias, Commercial Mediation, Conventional wisdom, Creativity, Decision making, Economics, Intuition, Neuroscience, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

‘A bird in the hand is worth two in the bush’ is thought to originate from mediaeval falconry! There are a number of variations on the theme – apparently in central Europe the saying is ‘a sparrow in the hand is worth a pigeon on the roof’! A number of cognitive biases are at play…

ADR, Business, Disclosure, Due Process, Europe, European Law

(FORARB/Charles University)/ /Leave a comment

In the house of a poor man, a lizard was accustomed to come to the table and thereby kept himself alive on crumbs. During this time, everything went well with both the animal and the host whose fortune grew. When the farmer became rich, he became angry at the beast. One morning, he wounded it…

ADR, Business, Commercial Mediation, Dispute Resolution

(International Counsel, Arbitrator and Mediator)/ /Leave a comment

Culture Includes Corporate Culture in Business Mediations Many articles have been written about cross-cultural negotiation and the role of culture of participants in international mediations. However, relatively little has been said about the role of corporate culture. Those of us who have worked in small and large enterprises know first-hand what this means. Practically every…

ADR, Business, Commercial Mediation, Dispute Resolution, Enforcement, mediated settlement agreement, Uncategorized

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the Vietnam Business Lawyer’s Club, the Judicial Academy and the International Finance Corporation (IFC). Given the mediation activity in Vietnam and…