Impasse

Bias, Causes of Conflict, Cognitive Bias, General, Impasse, Perception, Practical Challenges for Mediators

(National University of Singapore, Faculty of Law)/ /Leave a comment

I had the privilege of running a workshop with Marcus Lim (Executive Director, Singapore International Mediation Institute) at CDRC Vienna. For those of you who are unfamiliar with CDRC Vienna, it is a law school competition which focuses on components of negotiation, mediation advocacy and mediation. It is in its third year of running, and…

ADR, Creativity, Decision making, Developing the Field, Economics, Future of mediation, Game Theory, Growth of the Field (Challenges, New Sectors, etc.), Impasse, Interests, International Mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Philosophy, Policy, Scotland

(Core Solutions Group)/ /1 Comment

John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from Game Theory. I (John) had been familiar with The Prisoners’ Dilemma…

Conflict, Developing the Field, Impasse, lawyers in mediation, mediation models, Mediation Practice, mediation process, Mistakes, Tactics, Tips, Understanding mediation

(University of Strathclyde)/ /5 Comments

Despite some scepticism about the value of “roleplay” most mediation training involves asking people to run a pretend mediation session. I’ve tried various euphemisms to ease trainees’ anxiety – “skills practice”, “simulation”, “sitting with conflict” – but none seems to make it any less daunting. You can read about this activity, watch others do it,…

Apology, Bias, Clients, Cognitive Bias, Commercial Mediation, Confidentiality, Decision making, Dialogue, Dispute Resolution, Impasse, Interests, Joint Sessions, mediated settlement agreement, Mediation Agreement, Mediation Practice, mediation process, Mistakes, Neuroscience, Perception, Scotland, Stages of mediation, Stories, Uncategorized

(Core Solutions Group) and (Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

“Caminante, no hay camino, se hace camino al andar” “Traveller, there is no path, the path must be forged as you walk.” Antonio Machado, as quoted and translated in Daring Greatly, Brene Brown Those were two very long and eventful days. Though the prospect of reaching an agreement appeared remote – at best – at…

Cognitive Bias, Confidentiality and Transparency, Disclosure, Dispute Resolution, Ethics, Impasse, Uncategorized

(ADR Center Romania)/ /Leave a comment

This post was prepared in cooperation with Bogdan Matei. Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality is affected, a conflict of interest appears. It is well known that when a conflict of interests appears, in respect to the ethical rules…

Causes of Conflict, Commercial Mediation, Communication, Conflict, Decision making, Developing the Field, Dispute Resolution, Future of mediation, General, Governments/Public Sector, Impasse, Interests, Mediation Practice, Negotiation, Practical Challenges for Mediators, Public Policy, Scotland, Transformation, Uncategorized

(Core Solutions Group)/ /1 Comment

John Nash died this week, in a tragic car accident. John Nash was the Nobel-prize winning mathematician whose theory of non-cooperative games published in 1950 has been described as one of the top ten ideas in economics in the 20th century. His theory introduced and explored the concept of what is known as Nash equilibrium….

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….

Business, Commercial Mediation, Communication, Confidentiality, Conflict, conlfict coaching, Conventional wisdom, Decision making, Developing the Field, Dispute Resolution, Efficiency, Future of mediation, General, Impasse, Improvisation, International Mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation traditions, Mediators’ Conduct, Mentoring, Negotiation, Scotland, Skills, Stories, Success in mediation, Tips, Uncategorized

(Core Solutions Group)/ /Leave a comment

I write here about two contrasting experiences which have, for me, underscored the richness of the mediation process. In one mediation, involving business partners with an ongoing management issue, one of the protagonists (A) suggested bringing in another partner (D) who was not perceived to be a part of the present problem, simply to observe,…

Availability of Mediators, Causes of Conflict, Civil rights, Conflict, Conventional wisdom, General, History of mediation, Impasse, Instinct, Mediation Practice, mediation traditions

(Bill Marsh Mediator)/ /7 Comments

My December blog was centred around a 15th Century occurrence. This month, I am in the final two years of the 14th Century. Last night, I went to see Shakespeare’s Richard II at the Barbican Theatre in London. The title role was played (quite brilliantly) by David Tennant – a piece of trivia for all…