This post was prepared in cooperation with Bogdan Matei. Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality is affected, a conflict of interest appears. It is well known that when a conflict of interests appears, in respect to the ethical rules…

Negotiating in Istanbul’s Grand Bazaar is an experience to relish. I’ve recently returned from three days in that wonderful city, helping lawyers, judges and mediators to expand the use of mediation in commercial disputes, inspired by the excellent work there led by Asiyan Suleymanoglu and her colleagues. Working with one of the pioneers of mediation…

One week after the terrorists’ assaults in Paris, one may have witnessed a whole scale of different responds to this terrible tragedy: From the manifestation of solidarity and fraternity to the expression of hatred and collective responsibility judgements. The later is alerting, especially when you can see it among the dispute resolution professionals. Do mediators…

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…

It is the beginning of the school term at the Faculty of Law, National University of Singapore, where in this semester, I teach a Negotiation Workshop. In our first class yesterday, we played a pricing game based on the Prisoner’s Dilemma. There are many versions of this pricing game and it essentially introduces participants to…

We have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in first; teachers’ strike back with marks and comments. It’s a familiar ritual with its own rhythm and reasoning. It can be viewed as arduous by both sides…

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have…

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…

If you haven’t been living under a rock, you may have seen this recent meme in late February that got the internet buzzing with debate. A badly lit photo of a dress spread like wildfire with some people seeing it as white and gold, while others as black and blue. If you haven’t seen it,…