One way of describing mediation is as a process that seeks to convert what is apparently a zero or negative sum game into a positive-sum game. This is to use the language of game theory, which analyses strategies that rational players take to secure the best outcomes in interactive, interdependent ‘games’; where the outcome for…
Troubling trends observed as an Ontario commercial mediator compel me to once again take up my chiclet-keyed sabre. That the following are indeed trends in commercial mediation in Ontario is unsupported by any reliable data – because no one keeps track. No one records. It’s all anecdotal. Still, I’m now closing in on 30 years…
Previous blog entries on this theme of water have focussed primarily on the process and stalled progress of the Land and Water Forum [LWF] in New Zealand. This was a process intended to bring together most if not all of the stakeholders on questions of water allocation and quality. As we’ve seen earlier, what looked…
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…
John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from Game Theory. I (John) had been familiar with The Prisoners’ Dilemma…
