Dispute Resolution

Bias, caucus, Caucus, Cognitive Bias, Commercial Mediation, Communication, Confidentiality, conlfict coaching, Decision making, Developing the Field, Dispute Resolution, Flexibility, Intuition, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Mediation Skills, Mediation Training, Negotiation, Practical Challenges for Mediators, Reflective Practice, Scotland, Stages of mediation, The role of the mediator

(Core Solutions Group)/ /3 Comments

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….

Australia, Dispute Resolution, Future of mediation, Mediation, Mediation and Society, Mediation Practice, Mediation wisdom, Online Mediation, Uncategorized

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Online processes in all professions soared during Covid. The legal profession was transformed. A multitude of online mediation platforms miraculously appeared and mediators barely skipped a beat. Benefits emerged – especially in a geographically vast continent like Australia – where advocates and their clients in distant locations saved significant costs in time, travelling expenses and…

Consumer conciliation, Dispute Resolution, Mediation and Society, mediation models, Mediation Reforms (Legislation, etc.), Singapore, Singapore Convention on Mediation

(SIMI Accredited Mediator)/ /Leave a comment

Singapore adopts a forward-looking approach to mediation and has taken active measures to promote this form of alternative dispute resolution as a legitimate and effective option for disputing parties. On the international front, the Singapore Convention on Mediation has introduced a framework for the international recognition and enforcement of commercial settlements in writing which have…

Creativity, Dispute Resolution, Experience, mediation models, Mediation Outcomes, Mediation Practice, Perception

(University of New South Wales)/ /Leave a comment

One of the great joys of being part of the world-wide mediation community is the  opportunity to learn and keep learning from professionals whose practice is far from homogeneous. The generosity in sharing thoughts, ideas and even intellectual property is remarkable. Despite this, there is still a lot about the practice of mediation that is…

Commercial Mediation, Community Mediation, Developing the Field, Dispute Resolution, Family Mediation, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Practice, mediation traditions, Mindset, Negotiation, Stages of mediation, The role of the mediator, Uncategorized, Understanding mediation

(University of Strathclyde)/ /14 Comments
Lawyer making opening statement in mediation

“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…

Causes of Conflict, Conflict, Dispute Resolution, Ethics, Mediation, Mediation and Society, Uncategorized

(Hoffmann Eitle )/ /3 Comments

As soon as the news of the Ukrainian invasion emerged in late February, I felt the urgent need to address in writing what had been unthinkable only days earlier but which has now changed Europe for good. At the same time, I felt a massive sense of despair and helplessness which rendered me mute. Weeks…

ADR, Arbitration, Dispute Resolution, Future of mediation, Intellectual Property, International commercial mediation, lawyers in mediation, Legislation, Med-Arb Clauses, mediation process, Mediation Reforms (Legislation, etc.), Role of Mediator, user perspectives

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One of the important things that struck me about Dr. Anna Howard’s brilliant research into Mediation is the discovery that the General Counsel she interviewed for her project feel disappointed that the promise of mediation has not been realized. I feel the same disappointment – although my disappointment has a somewhat different source. What seems…

Brazil, Causes of Conflict, Conflict, Cooperation, Dialogue, Dispute Resolution, Future of mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

According to the Wikipedia, “Make love, not war” is an anti-war slogan commonly associated with the American counterculture of the 1960s. It was used primarily by those who were opposed to the Vietnam War, but it has been invoked in other anti-war contexts around the world since then. The part of the slogan – “make…

ADR, Bias, Commercial Mediation, Dispute Resolution, Game Theory, Mediation Outcomes, Mediation wisdom, Reality-Testing

(Bruce Greig, Civil and Commercial Mediator)/ /1 Comment

Kleros is a cryptocurrency dispute resolution platform. It uses crypto tokens and game theory to resolve real-world disputes. It follows an automated process with no discussion, no nuance, no probing questions. It seems to be at the opposite end of the dispute resolution spectrum to mediation. Yet I think there is something that mediators can…

Appointment of Mediators, Cooperation, cross-border mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Governments/Public Sector, International Conciliation, International Mediation, Negotiation, peace negotiations, Promoting Mediation, Public Policy, Scotland, Uncategorized

(Core Solutions Group)/ /Leave a comment

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)…