Evaluative Mediation

Accreditation, Cross-cultural, Developing the Field, Evaluative Mediation, Future of mediation, Hong Kong, mediation models

(Singapore International Dispute Resolution Academy)/ /1 Comment

Greg Bond’s recent post on mediation cultures reminded me of an encounter I had with a group of mediators several years ago. Allow me to share with you my recollection of what happened. I was conducting a workshop on international and intercultural approaches to mediation for 15 freshly-minted mediators from a European country — all…

Developing the Field, Evaluative Mediation, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, mediation models, Mediation Practice, mediation process, Singapore

(Singapore International Dispute Resolution Academy)/ /Leave a comment

Last week I spent some time with a European mediation organisation looking to review its mediator accreditation and practice standards. Somehow I expected a discussion about various accreditation initiatives around the world with perhaps some exploration of “mediation models” and how they fit into national regulatory frameworks. I was pleasantly surprised. What ensued was a…

ADR, Arbitration, Dispute Resolution, Evaluative Mediation, Med-Arb Clauses, mediated settlement agreement, mediation models, Mediation Outcomes, mediation traditions, Neuroscience, Scotland

(Core Solutions Group)/ /2 Comments

My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the University of New South Wales in the annual ICC mediation competition. One topic which stimulated some forthright conversation was the use…

Commercial Mediation, Evaluative Mediation, Future of mediation, Joint Sessions, mediation models, Mediation Outcomes

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

This post is unlikely to win me friends on America’s West Coast and it may even see my US mediation teaching visa withdrawn, however when the issue even has its own Facebook group called Save the Mediation Joint Session and Promote Party Participation with over 50 of the world’s top mediators signed up, then the patient is more critical than I thought. The rise…

ADR, Business, Commercial Mediation, Communication, Deal Mediation, Dispute Resolution, Efficiency, Evaluative Mediation, Impasse, Improvisation, Lawyers, Mediation Practice, mediation traditions, Negotiation, Neutrality, Scotland, Skills, Stages of mediation, Stories, Uncategorized

(Core Solutions Group)/ /Leave a comment

I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a specific suggestion by the mediator. I have changed my view….

Arbitration, Bias, Community Mediation, Dispute Resolution, Due Process, Evaluative Mediation, Governments/Public Sector, Ireland

(Sabine Walsh Mediation)/ /1 Comment

At the risk of being accused of being too much of a purist, I just have to have a little grumble about the latest misappropriation of the term mediation. All involved in promoting and encouraging the use of mediation know how one of the largest barriers to people availing of this process is the lack…

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…

Commercial Mediation, Conventional wisdom, Evaluative Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice

(University of Strathclyde)/ /3 Comments

Recently I have noticed mediators using a label to describe other people’s practice. It is rarely a compliment. That label is “evaluative”; as in “she takes rather an evaluative approach” or “his background as a lawyer leads him to be evaluative.” More subtly, “We are firmly committed to the facilitative model” (and, by implication, not…

Commercial Mediation, Confidentiality, Costs in Mediation, Court Procedure and Litigation, Deal Mediation, Decision making, Efficiency, Evaluative Mediation, Impasse, International Courts, International Mediation, Judges as mediators, Litigation, Practical Challenges for Mediators, Public Policy, Reform, Responsibility of States, UN and International Organizations

(Weiler ADR Inc.)/ /Leave a comment

Faithful readers will recall my posts here and here mentioning the failed mediation relating to the international effort to reach an agreement on the distribution of some $9 Billion in assets remaining from the Nortel insolvency. The Ontario Courts are now struggling with the fallout from that failed mediation. This week saw the release of…

'Money-only' Cases, Appointment of Mediators, Availability of Mediators, Commercial Mediation, Conventional wisdom, Corporate Counsel's View, Dispute Resolution, Evaluative Mediation, Future of mediation, General, Instinct, Lawyers, Mediation Outcomes, Mediation Practice, mediation traditions, Skills, Surveys

(Brick Court Chambers / Clifton Chambers)/ /2 Comments

Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly what that means but to my mind we were essentially taught to own the process and butt out of the outcome. Recently there have been a number of calls for mediators to do more – more what is…