Due to the fact I work as a Mediation professor I am always aware of the question of Ethics. Teaching Mediation implies sharing its ethical principles with the students and helping them to observe such principles in the practice of Mediation. In Brazil nowadays we rely on three Codes of Ethics devoted to Mediation. The…
Hot off the press: Phillip Hart of LEADR Australia talks with US trainer, facilitator and mediator, Peter Adler about what are the live issues for him currently in the dispute resolution world (podcast >>20 mins)
While large scale efforts are being made in order to be recognized as a worldwide and a free standing profession, the mediation became a profession in some countries and it remains an experiment in others. The general public’s perceptions about mediation have registered significant changes over time. If in its early stages mediation was seen…
In his blog post on the 22nd of November, Kenny Aina referred to judges who mediate, commenting that many judges do not possess a mediator’s paradigm. To find out what that is, you will have to read Kenny’s blog. However, like it or not, many judges do mediate, both retired judges and active judges. In…
One of the things that has been exercising me for some time is the question of what constitutes success in commercial mediation. I ask the question because the experience of the London office of my international law firm – which has attempted to gather data on mediations in which we have participated for nearly 15…
Yep, it’s been an up-and-down month. More down than up if I’m honest. But hey! I’ve done enough of these things to know that my old Dad was right all those years ago when we’d stand at the top of a black run and he’d say “Laddie, if you’re not falling down, you aren’t skiing…
The evolution of society, its population growth and the consequent increasing complexity as to relationships made it necessary that the natural right to justice become a right guaranteed by the State. That came about due to the fact man used to make justice himself using physical violence and imposing his own interests. Access to Justice…
Years ago, I participated in a Richard Salem led mediation skills acquisition training for retired Judges and I will never forget the words of a just retired Chief Judge contemplating a career in mediation “ Kenny, you mean I will just listen without telling the parties what to do? Impossible! Not me!”. I have seen…
The Situation: Your adversary is attacking your case in the mediation in such a manner that good faith negotiations seem like a distant cousin to all out war. You are looking for a way to recover. You don’t want to walk out of the room, but you are running out of options and the negotiation…
One of the privileges and perils of working as a mediator in Scotland is that we get a close-up view of developments in England and Wales. In an ideal world this should allow us (pop. 5 million) to learn from them (pop. 55 million): to pick the best innovations and avoid the failures. As I…
