Creativity

'Money-only' Cases, Commercial Mediation, Creativity, Future of mediation, Mediation Outcomes, Practical Challenges for Mediators, Tactics, Understanding mediation

(Weiler ADR Inc.)/ /2 Comments

An article by Donalee Moulton in the January 24th issue of The Lawyers Weekly entitled, “Opening offers can make or break a deal” caught my attention and caused me to reflect on my own experience from approximately 3,000 mediations conducted over the past 22 years. I urge readers to look a the Lawyers Weekly article…

Below the line, Commercial Mediation, Communication, Confidentiality, Confidentiality and Transparency, conlfict coaching, Conventional wisdom, Creativity, Developing the Field, Ethics, Future of mediation, General, Instinct, Interests, Language, Lawyers, Mediation Lawyering, mediation models, Mediation Practice, Mistakes, Skills, Stages of mediation, Uncategorized, Understanding mediation, War Stories

(Brick Court Chambers / Clifton Chambers)/ /5 Comments

This is where I did my best work in Christmas week – in the twilight zone between the joint session room to the right of the water cooler and the private caucus room off to the left by the green bins. Corridors can be furtive and risky spaces on mediation days – ‘don’t ask me…

Creativity, Developing the Field, Future of mediation, Language, Mediation Practice, Neuroscience, Uncategorized

(University of Strathclyde)/ /1 Comment

There are times in mediation when emotions are so powerful that it’s impossible to think of anything else. This week I witnessed, at the very least, despair, fear, anger, hurt, sadness, care, love and relief. They can be fleeting – a flicker of amusement, a nod of recognition, a disdainful glance. Or they can be…

Creativity, General, Improvisation, Planning, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

Recently I had contact with the Design Thinking process, which is a creative problem solving approach that attempts to bring together tools and techniques from several disciplines and apply them to real problems or challenges. Although it follows no real pattern, as each situation requires unique approaches and solutions, a simple framework can be applied…

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…

Creativity, Cross-cultural, Mediation Users/Clients, Mediators’ Conduct, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

On 4 September 2010, Christchurch – gateway to New Zealand’s scenic South Island – suffered a major 7.1 earthquake and before it could recover a further 6.3 earthquake shook the city on 22 February 2011 killing 185 people and damaging well over one third of the buildings in the CBD and tens of thousands of…

Clients, Creativity, Developing the Field, Family Mediation, Future of mediation, Ireland, Lawyers and Psychologists, mediation models, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Public Policy, Reform, Teamwork

(Sabine Walsh Mediation)/ /1 Comment

Armed with coloured paper, crayons and scissors, myself and nine other mediators spent a good portion of last Friday designing our “ideal” family conflict resolution service. While the background to this was, in part, recent and pending legislative change in the UK, some of which looks likely to impact negatively on families in conflict, these…

Commercial Mediation, Communication, conlfict coaching, Creativity, Future of mediation, General, Impasse, Improvisation, Instinct, Mediation Lawyering, Mediation Practice, Mentoring, Tactics, Understanding mediation

(Bill Marsh Mediator)/ /6 Comments

Sometimes, I look around at mediation events at a sea of grey hair (mine included!). Where, I wonder, are those to whom we are handing this torch? And more importantly, what do they think? So as the dust settled on last month’s ICC mediation competition in Paris, I took the chance to capture some of…

Commercial Mediation, Conventional wisdom, Creativity, Developing the Field, Efficiency, Future of mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Negotiation, Public Policy, Settlement Agreements, Success in mediation, Understanding mediation

(Weiler ADR Inc.)/ /Leave a comment

A potpourri of mediation-related reflections as the holiday break fades from memory. Hockey Mediation – With last Saturday’s puck drops in 13 cities the National Hockey League has commenced its lockout-shortened season. Full arenas around the league confirm the strength of the game’s drawing power if not the forgive-and-forget sentiments of long-suffering fans. Readers of this…

ADR, Below the line, Clients, Commercial Mediation, Conflict, Corporate Counsel's View, Creativity, Decision making, Dispute Resolution, Due Process, Efficiency, Ethics, insider and outsider mediators, Instinct, Lawyers, Mediation Practice, mediation traditions, Mediation Users/Clients, Mentoring, Mistakes, Neuroscience, Planning, Skills, Standards, Stories, Success in mediation, Survivor

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

Down here in New Zealand it’s high summer and most of the country will spend until the end of January at the beach. I remember, when I was still at my law firm 10 years ago, the feeling of brief respite at this time of year before having to put on my boots again and trudge…