Future of 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…

Dispute Resolution, Environmental disputes, Environmental Mediation, Future of mediation, India

( O.P. Jindal Global University, Jindal Global Law School)/ /2 Comments

The judgment by the Uttarakhand High Court granting entities such as the River Ganga, River Yamuna and more recently the Yamnotri [1] Mohd.  Salim v. State of Uttrakhand and Ors, W.P.PIL No.  126 of 2014  and Gangotri glaciers [2] Lalit Miglani v. State of Uttarakhand, W.P.PIL No. 140 of 2015 the status of legal personality under…

Brazil, Business, Creativity, Dispute Resolution, Future of mediation, Negotiation, Online Dispute Resolution (ODR), Online Mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

In 2011, a computer gained fame as a celebrity. Its name was Watson*, of IBM. This was right after taking part in a very popular Q&A show on American TV (Jeopardy), in which Watson, with its ability to understand our language using only information recorded in its memory, and working offline, managed to successfully overcome…

ADR, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Users/Clients, Promoting Mediation, user perspectives

(Independent Mediators)/ /Leave a comment

On 6 July I attended the finale of the Global Pound Series held in London, the last in the series of events held worldwide to an audience of over 2000 over 30+ events. I will say now I am not a mediator, I know you are asking why did I get asked to write a…

Developing the Field, Future of mediation, Promoting Mediation

(Sabine Walsh Mediation)/ /2 Comments

In the next few weeks, my first cohort of Masters in Conflict Management students will be submitting their research dissertations. Meanwhile next year’s are beginning to think about the research topics. For me, this is terribly exciting. I get to see the results and outcomes of the research completed, and help the new students choose…

Conventional wisdom, cross-border mediation, Cross-cultural, Dialogue, Efficiency, Environmental Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation and Society, Young Mediators

/ /1 Comment

“An action-oriented citizenship is, first and foremost, engaged with other people in the creation of shared social spaces and in the discourse that such spaces make possible. Through participation and conversation, we reproduce our social meanings through time: that is what culture is. Squares and institutions, walkways and stadiums, these are the places where the…

Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Particular Sectors (e.g. Construction, Banking, etc.), Research, user perspectives

(Victoria University of Wellington)/ /Leave a comment

I recently carried out New Zealand’s first empirical research on the users of commercial mediation. This is Part Three of a three-part study (Part One = the mediators, Part Two = the gatekeepers/lawyers). Getting to grips with what users think of commercial mediation is the Holy Grail for mediation professionals. Until now in New Zealand,…

Australia, Developing the Field, Ethics, Future of mediation, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Neutrality, Uncategorized, Understanding mediation, Workplace Mediation

(University of Strathclyde)/ /4 Comments

Have you ever wondered who mediators are helping? The parties, obviously! Well, not so obvious to our critics. In this blog I consider worries about mediation’s approach to manifest injustice before making the case for understanding the mediator as co-creator, with the parties, of outcomes. I argue that co-creation enhances the prospects for justice. Stories…

Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Regulation

(Serle Court)/ /Leave a comment

What is it about disputes in regulated sectors that make them suited to mediation? Regulated sectors are ripe for disputes. Whether it’s the energy, financial or telecoms sector, there are often incumbent players that own key infrastructure that is essential for delivering services to customers. At the same time new entrants may be vying for…

Co-mediation, Cross-cultural, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), lawyers in mediation, Mediation Lawyering, Mediation Practice, Negotiation, Promoting Mediation, Scotland, Training, Uncategorized

(University of Strathclyde)/
Students demonstrating cooperation

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together; with negative linkage, if the other sinks, you swim, and if the other swims, you sink.”[1]Cooperation and Competition. In M. Deutsch, P. T. Coleman, & E….