Clients

Clients, Efficiency, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Policy, Reform, Uncategorized

(ADR Center Romania)/ /2 Comments

This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. There is a lot of talk nowadays about the apparent failure of mediation to live up to its potential. Reports published on paper and online, presented before institutions or at various conferences, point to the relatively low number of mediation cases compared to the number…

Causes of Conflict, Clients, Conventional wisdom, Lawyers, Litigation, Mentoring, Mistakes

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

We got off on the wrong foot right from the start. It was a boat building case and the detail was overwhelming. Too many gudgeons, pintles and bulwarks and by the time we got to a 3 day hearing, it had become the most toxic professional relationship with a counterpart lawyer of my young career. A day…

Clients, Conflict, General, mediation as a career, Mediation Practice, Stories, Success in mediation

(Sabine Walsh Mediation)/ /Leave a comment

“Crikey it’s like herding cats!” a student said to me recently during a multi-party mediation role-play. It struck me as a fairly accurate description of mediation alright; the parties, the other stakeholders, the multitude of issues, apparent and covert, the emotions and the changes in pace and direction. And that is only in the mediation…

Appointment of Mediators, Below the line, Clients, Commercial Mediation, Conflict, conlfict coaching, Conventional wisdom, Decision making, Future of mediation, General, Instinct, Interests, Lawyers, Mediation Lawyering, mediation models, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Neutrality, Success in mediation, Uncategorized

(Bill Marsh Mediator)/ /8 Comments

Something is in the air at the moment. And it goes to the heart of what we mediators do. On the one hand, noted mediation thinkers such as Robert Bush and Joseph Folger write an empassioned challenge to the profession “Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination”, arguing that…

Below the line, Clients, Commercial Mediation, Conventional wisdom, Creativity, Decision making, Dispute Resolution, Efficiency, General, Humorous Pieces, Improvisation, Mediation Lawyering, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Social intelligence, Uncategorized

(Bill Marsh Mediator)/ /3 Comments

Global Legal Post recently carried an article intriguingly entitled “Lawyers find Eureka moments in the shower“. Sadly the article itself lacked the slightly salacious promise of its title. Instead, it focused on the results of a survey of London city lawyers, indicating that those surveyed did their most creative thinking in the shower or commuting…

Argument, Bias, Clients, Developing the Field, Efficiency, Experts, Lawyers and Psychologists, Legal Practice, Mistakes, Success in mediation

(ADR Center Romania)/ /2 Comments

This article may be helpful particularly if you consider settling a case as a party or as an advisor. There are many perspectives that one can consider when looking at mediation. One example is that our current mediation culture is still in development. Therefore, sometimes, parties ask me, the mediator, to invite the other party…

Clients, Conflict, Ethics, Family Mediation, mediation as a career, Mediation Practice, Mistakes, Skills

(Sabine Walsh Mediation)/ /1 Comment

“When you look into the abyss, the abyss looks into you.” (Nietzsche) Relationship breakdown and the resulting fall-out is an abyss most people do not like to look into, even as they tumble into it. As family mediators, our job is to accompany and support people’s navigation into, through and, hopefully, out of the abyss…

Apology, Causes of Conflict, Clients, Communication, Conflict, General, Instinct, Language, Lawyers, Mediation Practice, Mediators’ Conduct, Mistakes, Neuroscience, Scotland, Stages of mediation, Stories, Time Pressure, Trust, Uncategorized

(Core Solutions Group)/ /3 Comments

It was just a few moments. “You can’t play on our course without proper golf shoes.” “But we played here two days ago in these shoes.” “My colleague must have made a mistake”. “But it was you who let us play…”. “It’s in our rules.” “Where?” “Here.” “No it’s not. There is nothing about soft…

ADR, Clients, Communication, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Online Mediation, Uncategorized

(University of Strathclyde)/ /2 Comments

Many of us have been hearing about Online Dispute Resolution (ODR) for years but haven’t quite got round to using it. It sounds like a nice idea when face-to-face mediation isn’t an option through distance and/or cost. And yet I suspect that for most mediators the ‘gold standard’ is being in the same room as…

Appointment of Mediators, Below the line, Clients, Conflict, crisis negotiatons, Fear, General, Governments/Public Sector, insider and outsider mediators, Interests, International Mediation, mediation models, Mediation Users/Clients, Mediators’ Conduct, Neutrality, peace negotiations, Trust

(Bill Marsh Mediator)/ /4 Comments

Last month, Al Jazeera carried a piece called “‘Mama Boko Haram’ grasps for peace in Nigeria”. It detailed the activities of Aisha Wakil (pictured above), a Nigerian lawyer who has become a de facto mediator between Boco Haram and the Nigerian government – often at considerable risk to herself. “Mama Boko Haram”, as she has…