On 31 August 2023, I spoke at the Maxwell Chambers of Singapore on “Facilitative and Evaluative Models of Mediation: Is the Distinction Still Meaningful or Simply Arcane Semantics? Is it time to bring Evaluative Mediation out of the Shadows” as one of the panel speakers. I am very grateful to the moderator Ms Eunice Chua…
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…
It is trite that developing trust with parties and as between the parties is a vital part of the mediation process and what makes it work. This is of course easier said than done. I have previously written on trust in “Trusting Thoughts” (12 August 2012) and “More Reflections on Trust” (14 August 2015). I…
In an increasingly turbulent and polarised world, where fear and anxiety are on the march and divide and rule is more in evidence, it is tempting to circle the waggons to keep those who disagree with us at bay. In this sort of environment differences are magnified, positions become entrenched, interests are overlooked and others…
“In negotiations of all kinds, the greater your capacity for empathy – the more carefully you try to understand all of the other side’s motivations, interests and constraints – the more options you tend to have for potentially resolving the dispute or deadlock.” These are wise words from negotiation guru, Deepak Malhotra of Harvard Business…
Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a mediation appears to have resolved successfully. They can rescue us – helping us identify and avoid previously unforeseen difficulties. Here’s an example Mr. and Mrs. Studer moved…
“If you had not held us back that evening, the deal would not have been done.” “Thank you and I wish you well.” In this post, I return to a familiar theme for mediators and for lawyers acting for clients in mediation: perseverance. The first of the two quotations above comes from a participant in…
One of the privileges of mediating is to watch leaders at work. Every party, every team, has its leader(s). And as any mediator will tell you, the way in which they choose to lead during a mediation – and more widely during the conflict or dispute itself – has a significant impact on the outcome;…
Bloomberg (not my usual reading fodder, I confess) carried an interesting piece a couple of months ago, entitled “Meet the Real Force Behind the Brexit Talks”. Yes, it was about Brexit (yawn) but it was about an unseen side of the negotiations. Opening with the line “In every negotiation the most important work is done…
James Robertson’s novel ‘To be continued…’ introduces us to a character who goes by the name of Mungo Forth Mungo. Mungo is somewhat far fetched, not least because he is a talking toad. In this capacity he engages in many thoughtful and reflective conversations with the main character in the book – Murray Findhorn Elder…
