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Book Review, Causes of Conflict, Clients, Commercial Mediation, Communication, Community Mediation, Conflict, Creativity, Decision making, Developing the Field, Dispute Resolution, Efficiency, Ethics, General, Language, Lawyers, Mediation Practice, Mediators’ Conduct, Negotiation, Policy, Practical Challenges for Mediators, Scotland, Skills, Success in mediation, Tips, Uncategorized

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I am interested in convergence – of ideas, of behaviour, of trends, of different disciplines. The more I read, the more common themes I discern in the arts, science, spirituality, leadership and in what we do as mediators. A reflection of this is found in the African concept of ubuntu, “the profound sense that we…

Appointment of Mediators, Business, Clients, Football, General, Understanding mediation

(Mediar360 - Dispute Resolution )/ /Leave a comment

As it happens every four years, it is the FIFA World Cup again. I must confess that I am not a football enthusiast myself, but with the greatest football stars at my doorstep, and all the media hype, it is almost impossible for any Brazilian not to get involved at some level. But it is…

Appointment of Mediators, Clients, Creativity, Mediation Practice, Neutrality, Success in mediation, Training, Understanding mediation

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

Many mediations are 80/20 – that is, 80% of the day spent in dialogue and debate with not much sign of movement and, as evening gathers, 20% frenetic activity. So it is not unusual for the parties to sit together for many hours and ask towards the end of the day “are we any nearer each other?”…

Australia, Clients, Co-mediation, Commercial Mediation, Conventional wisdom, Future of mediation, General, Improvisation, mediation as a career, mediation models, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Practical Challenges for Mediators, Skills, Training, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

The legendary cellist Pablo Casals was once asked why he continued to practice at the age of 90. “Because” he replied, “I think I’m making progress”. It is an extraordinary acknowledgement from a man widely regarded as one of the greatest ever cellists. Let’s be clear – Casals was a colossus in his world. Fritz…

Book Review, Business, Clients, Communication, Conflict, Conventional wisdom, Dispute Resolution, Efficiency, Future of mediation, General, Lawyers, Lawyers and Psychologists, Legal Practice, Litigation, Mediation Lawyering, Mediation Practice, mediation traditions, Mediators’ Conduct, Negotiation, Neuroscience, Practical Challenges for Mediators, Scotland, Skills, Social intelligence, Status, Transformation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /2 Comments

I have been reflecting recently on the individual and collective professional journeys we all undertake – and on the different stages we reach. My reading has taken me to a thought-provoking book by theologian Richard Rohr, entitled Falling Upward. Rohr’s thesis, put very simply, is that there are two stages to life. The first, necessary,…

ADR, Clients, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Due Process, Efficiency, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, Lawyers, Legislation, Litigation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, Public Policy, Uncategorized

(ADR Center)/ /Leave a comment

The recent publication of a study conducted for the European Parliament on Mediation, “Rebooting the Mediation Directive,” has contributed to the ongoing debate about effective mediation policy. I am the coordinator of that Study, whose results were based on 816 questionnaires completed by respondents from the 28 member states of the EU. The Study determined…

Apologies, Apology, Clients, Confidentiality, General, Ireland, Lawyers, Mediation Outcomes, Success in mediation

(Sabine Walsh Mediation)/ /Leave a comment

The last few weeks have seen a failure to apologise result in a political crisis, a senior police official being forced to resign, and our Minister for Justice’s already wobbly pedestal threaten to give way entirely beneath him. The coming weeks and months will tell whether the “Minister for Borrowed Time” as he has become…

Appointment of Mediators, Below the line, Bias, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Evaluative Mediation, General, Language, mediation models, Mediation Practice, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Training, Transformation, Understanding mediation

(Bill Marsh Mediator)/ /7 Comments

Mediators deal in words – not exclusively, but a great deal (and perhaps sometimes too much, but that’s another blog). So it pays for us to think carefully about what words really mean. A couple of years ago, I came across an article entitled “US facilitation yes, mediation no: Omar”. It detailed how Pakistan, through…

Accreditation, ADR, Availability of Mediators, Clients, Commercial Mediation, Court Procedure and Litigation, Cross-cultural, Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Institutions and Rules, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Reform, Samoa, Stories, Training, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

From the Samoan Observer 28 August 2013 Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale. Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea…