One of the great professional satisfactions of being part of the mediation community is that it sits within a much wider cluster of non-adjudicative processes. This proximity to a broader cluster represents an opportunity for learning, experiment and the exercise of curiosity and investigation. In Australia, the cluster of which mediation is a part includes…
The consultation phase of the independent review of the Australian National Mediator Accreditation System (NMAS Review 2020-22) was completed in May and Findings and Recommendations are now available. The NMAS has been reviewed twice since its implementation in 2008. The Mediator Standards Board(MSB) share on their website that the most recent review was led by…
The former British politician (and leadership contender when the Conservative Party was choosing Boris Johnson), Rory Stewart, is making a mark as an even more independent thinker than he was in the British Parliament. Recently, he hosted a three-part series on BBC Radio 4 entitled A Long History of Argument. It is worth listening to…
In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…
It’s been a long time since I wrote a blog just about mediation practice. Other things always seem more important! However, as I was mediating this week, a thought occurred to me about a rather imperceptible but very real change in my practice as a mediator, which I develop here, albeit in a simplified way….
“The world is made, not found.” (W Barnet Pearce) I had been a mediator for about 10 years before I heard parties’ initial words described as their “opening statement.” This may surprise some readers, though probably not if they began, like me, in family mediation, nor community or workplace. Other descriptions are available, as our…
Effective inter-governmental relations among the constituent parts of the United Kingdom are essential in an era of increased devolution of powers, post-Brexit allocation of responsibility and contested narratives about the future of the (uncodified) UK constitution. Background One of the rather depressing aspects of the constitutional impasse in the UK is that inter-governmental relations (IGR)…
Reading Alan Limbury’s post last week on the value of the partisan challenged my thinking. Like all good challenges it provoked scrutiny of what I do as a mediator and where I consider I add value. As Alan’s partner in life and work it was particularly valuable to debrief his experience with him in greater…
As mentioned in my last blog , the UK Civil Justice Council, in its June 2021 Report on Compulsory ADR , endorsed the idea, contrary to the ruling in the notorious Halsey case, that unwilling parties in dispute may lawfully and appropriately be compelled to participate in a DR process such as mediation. (As an…
After completing the mediation process, it is always helpful to receive feedback from participants. The quality of the mediation services we provide is directly related to our ability to draw lessons from feedback from participants and incorporate them into our practice. In this way, the chances of having good results, satisfied participants and future recommendations…
