Experience

ADR, Australia, Civil rights, Commercial Mediation, Conflict, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Due Process, Experience, Future of mediation, History of mediation, Legal Issues, Legal Practice, Legislation, Litigation, Mandatory mediation, Mediation Lawyering, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Negotiation, Promoting Mediation, Regulation, Understanding mediation

(Strategic Resolution)/ /Leave a comment

Mediation has long been used as a method of resolving disputes. Indeed, the practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic Egypt[1]. In his paper “Varieties of Dispute Processing”, presented to the 1976 Pound Conference, Harvard Professor Frank E.A. Sander proposed that, instead of…

Australia, Cognitive Bias, Communication, Cross-cultural, Experience, Gender, Mediation Skills, Mediation wisdom, Mindset

(University of New South Wales)/ /1 Comment

It is no secret that the time I spent studying and working with the Harvard Program on Negotiation (PON) was the start of a love affair that has endured.The material from Fisher and Ury’s ‘Getting to Yes’, which evolved into the Seven Elements, is constantly useful as a strategic thinking tool. Addressing my group of…

ADR, Developing the Field, Ethics, Experience, Future of mediation

(University of New South Wales)/ /4 Comments

Dispute resolution competitions are a rich learning space for students. My 15+ years coaching teams from my university to compete internationally were a rich experience for me and I enjoy continuing opportunities to be part of the competition community nationally and internationally. It has also been my great good fortune to observe and judge hundreds…

Business, Cooperation, Economics, Experience, Mediation and Society, Mediation Practice, Policy, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /1 Comment

At a recent Global Ethical Finance Initiative event Katherine Trebeck of the Wellbeing Economy Alliance discussed her book ‘The Economics of Arrival’. The book explores the contribution of economic growth to wellbeing, particularly in the context of developed economies who could be considered to have ‘arrived’. It makes the argument that beyond a certain threshold,…

Argument, Below the line, Clients, Commercial Mediation, Decision making, Dialogue, Experience, Framing, General, Joint Sessions, lawyers in mediation, mediation process, Mediators’ Conduct, Mistakes, Perception, Practical Challenges for Mediators, Tips, Uncategorized

(Bill Marsh Mediator)/ /6 Comments

Offers in mediation are too often approached with all the coyness of gauche teenagers at a school dance (acknowledging that this metaphor may reveal too much about my own youth!). It need not be like this. Here are some thoughts to ease the pain. Going first is not weakness. All mediations require offers to be…

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…

Australia, Cooperation, Creativity, Experience, Flexibility, Mediation Practice, Mediation wisdom, Mindset, Peer Coaching, Preparation, Teamwork, Zoom

(University of New South Wales)/ /1 Comment

  The Daily Blogpost from the Harvard Program on Negotiation (PON) is always a great way to start the day. A quick read, it often turns something that I have been processing at the back of my mind into a more solid idea I can inspect and explore. This week, a particularly relevant post about…

Dialogue, Dispute Resolution, Experience, ICC Mediation Competition, Intuition, Leadership, mediation models, Mediation Practice, mediation process, Mediation Skills, Mediator's Image, Neuro-Linguistic Programming, Patience, Personal Development, Role of Mediator, Skills, The role of the mediator, Values and attributes of a mediator

(Strategic Resolution) and (University of New South Wales)/ /Leave a comment

On the first day of this year the international mediation community lost a wonderful friend and colleague. The memorial page established by his family shows just how wide and deep the affection reaches. He provided memorable experiences to so many of us. And whilst we both certainly remember (and enjoyed) his joie de vivre, the…

Business, Causes of Conflict, Commercial Mediation, Communication, Conflict, conlfict coaching, Cooperation, Dialogue, Dispute Resolution, Ethics, Europe, Experience, Flexibility, Future of mediation, International Mediation, Mediation, Mindset, Uncategorized

(University of New South Wales)/ /1 Comment

The Program on Negotiation at Harvard (PON) sends to subscribers a daily blogpost of interesting negotiation thoughts and analyses. It regularly visits the negotiation styles of world leaders with the idea that ‘by studying the negotiation styles of famous leaders, we can identify what to emulate and what to abandon’. Unsurprisingly it has shone a…

Clients, Commercial Mediation, Decision making, Experience, Framing, Impasse, Mediation Practice, Practical Challenges for Mediators, Skills, Tactics, Tips, Uncategorized, Values and attributes of a mediator

(University of Strathclyde)/ /Leave a comment
Negotiators in a mediation

It’s been a while since I wrote about practical tips for mediators. Yet when I ask people what they want from training or teaching the commonest answer is… practical tips. I offer some below on working with parties who take cold feet just as resolution is approaching. I was recently asked to speak with lawyers…