Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about. And then, arbitrator proposed a mediation window and asked the football coach: “OK, then… What do you really need? Surely not the small amount of money you are claiming?” After a moment of hesitation, claimant…
I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten. Problem-Solving and Risk Analysis is more than learning about the law or what a court might do. Most issues which clients bring to lawyers are resolved…
In this article I discuss some of the perception and cognitive biases relevant to conflict as well as the interaction between biases and conflict. I think that it is important for mediators to be aware of the parties’ biases, firstly, to understand how biases are contributing to the conflict, and secondly, to help the parties…
Raymond Williams, Resources of Hope (published posthumously in 1989), p. 118 I write and will upload this blog on the eve of my departure for Paris and the ICC’s 12th International Commercial Mediation Competition. On the ‘due date’ for this blog, I’ll be somewhere between Auckland and London. Again, it will be my huge pleasure…
While I haven’t been to the ICC competition for a few years, I am so looking forward to attending in early February. Paris in the dead of winter is magical. Those lonely 6am starts from an empty and frigid Charles de Gaulle Étoile on Paris Métro Line 1 are a right of passage for any aspiring mediator….
I have just read Ian Macduff’s recent Kluwer blog (26 November: “Upheaval and resilience: a note from the Shaky Isles”). What a privilege it is, in this blog, to follow Ian’s erudite writing. He captures so well the spirit of the age, with all its uncertainty, tragedy, hope and opportunity. On that theme, my wife…
It is unusual times when the Church can be seen to be more progressive in certain matters than the State but this may actually be such a time. The UK has reached a stage in its history where polarized views and a lack of respect between the people who hold those views predominates. As the…
In the “Vitruvian Man” by Leonardo da Vinci, the great Italian artist explores the concept of symmetry and proportionality in the human body, and its implications on our understanding on the wider universe. Centuries on, we continue to be fascinated by the concept of finding beauty in symmetry. We look for it behind perfect ratios…
The more I got involved in the practice of mediation I developed my understanding about why people may be interested to use mediation. It seemed to me initially that mediation is mostly about resolution of conflict, ideally in a way that would not only resolve the issues, but would also address the causes and improve…
If Brexit were an ancient Greek tragedy, David Cameron would be the tragic hero. I woke up early on 24 June to see a barometer on the BBC website slightly tipped towards Leave, and then to watch the rest of the votes come in until the text below the barometer stated that there could be…
