Fear

Below the line, Clients, Conflict, Cross-cultural, Dialogue, Experience, Fear, General, Language, Lawyers and Psychologists, Mediation Lawyering, Mediation Practice, Mediators’ Conduct, Mindset, Mistakes, Neutrality, omnipartiality in mediation, Perception, Practical Challenges for Mediators, Reflective Practice, Transformation, user perspectives

(Bill Marsh Mediator)/ /1 Comment

I am not really one for elevator pitches. But I did hear one the other day about creating impact in a very short space of time, and I was struck by its relevance to mediation. Essentially, the message was that the people we meet make up their minds about us based on two key criteria,…

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

Appointment of Mediators, Below the line, Clients, Cognitive Bias, Conflict, Fear, General, Mediation Practice, Mediation Users/Clients, Mistakes, Patience, Perception, Reflective Practice, Skills

(Bill Marsh Mediator)/ /4 Comments

I blogged recently on the importance in mediation of not forgetting what is happening in the other room. It’s an easy mistake to make. Here’s another one that is easy to make. “Assumed motivation”. A lot of stuff happens both in conflicts and the process of their resolution. Things are said and done by each…

Communication, Dialogue, Fear, Framing, Transformation

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

A few days ago my daughter asked me a question that challenged and inspired me, and that has me thinking still. Often, we say it is little children who catch us out with their questions. But my two adult children seem to manage to test my assumptions, ideas and actions more and more the older…

ADR, Conflict, Dialogue, Dispute Resolution, Fear

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

People have very good reasons not to want to enter into dialogue with each other over conflict (with or without mediation). By this, I am not considering the rational choice that a dispute or conflict is “not suited” to mediation since the chances of a better outcome without amicable resolution are deemed higher. It is…

Apology, Community Mediation, Conflict, Developing the Field, Dialogue, Fear, Mediation and Society, Promoting Mediation, Understanding mediation

(Bond & Bond Mediation / University of Wildau )/ /1 Comment

Mediators should speak up confidently for mediation. In this post I will consider some reasons why this might be difficult, and others why it is so necessary. It is not only that mediation is not sufficiently known. It can also be intimidating, and it is our job to explain it. Shortly after I had finished…

Bias, Cognitive Bias, Creativity, Decision making, Fear, Guitar, Intuition, Neuroscience, Time Pressure, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /2 Comments

“If two people are in a room, there are actually six to consider: “What each person is; what each person thinks he or she is; and what each person thinks the other is.” So began a recent Guardian editorial on relations between Iran and the USA. This observation is attributed to the late wife of…

Argument, Below the line, Clients, Commercial Mediation, Dialogue, Experts, Fear, General, Joint Sessions, Lawyers, lawyers in mediation, Legal Issues, Litigation, Mediation Lawyering, mediation process, Preparation, Tactics

(Bill Marsh Mediator)/ /4 Comments

This is the first in a short series of how parties and advisers can best deploy the “assets” at their disposal in a mediation. Naturally, it is written from my perspective as a mediator, and so I recognise that it may look different when you are representing one side in a mediation, rather than in…

Appointment of Mediators, Creativity, Developing the Field, Ethics, Evaluative Mediation, Fear, insider and outsider mediators, Intuition, mediation models, Mediation Outcomes, Mediators’ Conduct, omnipartiality in mediation, Online Dispute Resolution (ODR), Online Mediation, Perception, Practical Challenges for Mediators, Research, Skills, Success in mediation, Tactics, The role of the mediator, Tips, user perspectives

(Weiler ADR Inc.)/ /4 Comments

“Hi, I’m Rick. I’m your mediator for today. I can’t decide what happens in this dumb dispute or how you resolve issues. My job is just to help people who are incapable of resolving conflict, like yourselves, find areas that you can agree on. That means I get to control what appears in the messages,…

Causes of Conflict, Conciliation, Dialogue, Fear

(NZ Centre for ICT Law & School of Law, Auckland University)/ /1 Comment

“All changed, changed utterly, A terrible beauty is born.” – W B Yeats, “Easter 1916” “Hope is important because it can make the present moment less difficult to bear. If we believe that tomorrow will be better, we can bear a hardship today.” ― Thich Nhat Hanh, Peace Is Every Step: The Path of Mindfulness…