Interests

ADR, Commercial Mediation, Communication, Creativity, Dispute Resolution, Experience, Interests, lawyers in mediation, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Stages of mediation, Success in mediation, The role of the mediator

(Strategic Resolution)/ /1 Comment

Photo credit: Creative Commons Jean M.Mas 2/2007 Although my mediation training made no mention of it, 32 years of mediating have taught me that mediations generally unfold over two stages: Stage 1: “Who Did What to Whom”? Here parties (or their lawyers) follow the ritual of naming, blaming and claiming – recounting facts, providing evidence…

Communication, Creativity, Dialogue, Dispute Resolution, Framing, Instinct, Interests, Intuition, mediation process, Mediators’ Conduct, Skills, The role of the mediator, Transformation, Understanding mediation

(Strategic Resolution)/ /Leave a comment

Photo credit: Christof Häuser, via Nathalie Birli We mediators are accustomed to recognising empathy as an important part of our mediation repertoire which is consistently reinforced in our training and professional development. It is front of mind for many of us as we plan for and conduct our mediations. This blog has seen its fair…

'Money-only' Cases, Accreditation, ADR, Appointment of Mediators, Argument, Australia, caucus, Clients, Commercial Mediation, Conflict, Court Procedure and Litigation, Creativity, Dispute Resolution, Evaluative Mediation, Impasse, Interests, Joint Sessions, Judges as mediators, Lawyers, lawyers in mediation, Legal Issues, Litigation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Practical Challenges for Mediators, Preparation, Set Aside a Mediated Agreement, Settlement Agreements, shuttle mediation, Success in mediation, The role of the mediator, Time Pressure, Understanding mediation

(Strategic Resolution)/ /Leave a comment

  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…

Causes of Conflict, Creativity, Dialogue, Economics, Efficiency, Interests, Leadership, Mediation and Society, Public Policy

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

We are living in an every expanding web of interdependence; built around trade, investment, cultural exchange, digital technologies, and global politics. In such an environment effective cooperation is an ever more crucial. Yet alongside this need there are equally strong drivers spurring on ever more competition for resources, markets, talent etc.  Both cooperation and competition…

Commercial Mediation, Confidentiality, Confidentiality and Transparency, Creativity, Disclosure, Efficiency, Improvisation, Interests, lawyers in mediation, Mediation Agreement, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Practical Challenges for Mediators, Reflective Practice, Stages of mediation, The role of the mediator, Uncategorized

(Core Solutions Group)/ /1 Comment

The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the present dispute, the outcome of which was not known to the present parties. In the mediator’s view, it had…

Argument, Below the line, Bias, Brexit, caucus, Cognitive Bias, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Ethics, Fear, General, Impasse, Instinct, Interests, Intuition, Joint Sessions, Leaders, Leadership, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Non-violent communication, Patience, Perception, Practical Challenges for Mediators, Reflective Practice, shuttle mediation, Skills, Status, Success in mediation, Tactics, Teamwork, The role of the mediator, Tips, Transformation

(Bill Marsh Mediator)/ /4 Comments

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;…

ADR, Creativity, Dialogue, Dispute Resolution, Interests, Mediation and Society, mediation process, Negotiation

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

Readers who are experts on the wartime British Prime Minister or have recently watched “The Darkest Hour” may find the above caption familiar. Yes, it has been inspired by Winston Churchill’s famous quote “Success is not final, failure is not fatal: it is the courage to continue that counts.” If you like the caption, feel…

Bias, Cognitive Bias, Communication, General, Interests, Language, Perception, Philosophy, Stories, Trust

(National University of Singapore, Faculty of Law)/ /2 Comments

Public Service Warning: This blog post will contain spoilers. If you have not watched Arrival and intend to, please do not read any further. I’m a movie addict. I admit it. And I am ashamed to say that most times, my favourite genre of movies is the “check your brain in at the door shoot…

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…

Bias, Brexit, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Decision making, Dialogue, Dispute Resolution, Future of mediation, Interests, Mediation Practice, mediation process, Neuroscience, peace negotiations, Promoting Mediation, Scotland, Training

(Core Solutions Group)/ /2 Comments

I have just read Ian Macduff’s recent Kluwer blog (26 November: “Upheaval and resilience: a note from the Shaky Isles”). What a privilege it is, in this blog, to follow Ian’s erudite writing. He captures so well the spirit of the age, with all its uncertainty, tragedy, hope and opportunity. On that theme, my wife…