Jurisdiction

Apology, Causes of Conflict, Communication, Creativity, Dispute Resolution, Guitar, Humorous Pieces, Mediation Practice, Negotiation, Scotland, Tips, Uncategorized

(Core Solutions Group)/ /2 Comments

‘Tis the season to be merry. And indulgent. ‘Tis also the season when favourite songs are compiled by well-meaning souls into apparently themed collections. In the UK, we have a long-running radio show called “Desert Island Discs” in which celebrities and others select their favourite pieces of music as they reminisce about their lives. The…

Conflict, Developing the Field, Family Mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation process, mediation traditions, Scotland, Uncategorized

(University of Strathclyde)/ /2 Comments

“Patients don’t expect doctors to be perfect. They do expect them to strive for perfection by opening up their work to scrutiny” Atul Gawande, Desert Island Discs, BBC Radio 4, 6/12/15. A bit of a treat for me last week, when four of my favourite academics came to Edinburgh. They were keynotes at Mediate Scotland…

Cognitive Bias, Commercial Mediation, Communication, Creativity, Negotiation, Scotland

(Core Solutions Group)/ /Leave a comment

Negotiating in Istanbul’s Grand Bazaar is an experience to relish. I’ve recently returned from three days in that wonderful city, helping lawyers, judges and mediators to expand the use of mediation in commercial disputes, inspired by the excellent work there led by Asiyan Suleymanoglu and her colleagues. Working with one of the pioneers of mediation…

Causes of Conflict, Developing the Field, Environmental Mediation, France, Growth of the Field (Challenges, New Sectors, etc.), Language, Mediation Practice

/ /Leave a comment

This comment has its origins in two events, separated by distance and utterly different in origin and impact, yet still linked by a common theme. This is also a partial continuation of the conversation started by Martin Svatos in the preceding entry: http://kluwermediationblog.com/2015/11/22/je-suis-paris-do-the-mediators-have-right-to-be-xenophobic/ One event, front and centre in our media and in the lives…

Bias, Causes of Conflict, Cognitive Bias, Conflict, Europe, Football, Language, memory, Middle East

(FORARB/Charles University)/ /1 Comment

One week after the terrorists’ assaults in Paris, one may have witnessed a whole scale of different responds to this terrible tragedy: From the manifestation of solidarity and fraternity to the expression of hatred and collective responsibility judgements. The later is alerting, especially when you can see it among the dispute resolution professionals. Do mediators…

Australia, Commercial Mediation, Domestic Courts, Governments/Public Sector, Judges as mediators, Jurisdiction, Mediation Institutions and Rules, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.)

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

Many jurisdictions have grappled with the extent to which their courts should get themselves involved in the mediation of litigated cases. Many different approaches have found favour around the globe, with diverse programs being implemented in courts from Hong Kong to Florida and places in between. Some courts are hands off while others are heavy handed…

Developing the Field, Future of mediation, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Policy, Public Policy, Scotland, Uncategorized

(Core Solutions Group)/ /Leave a comment

In recent weeks, I have had the privilege of mediating and facilitating in different matters with representatives of four governments . On one occasion they were on the same “side”; on another, notionally on different sides. A common theme to emerge was the needs and behaviours of political masters who were not present. The representatives…

ADR, Argentina, EU Directive on Mediation, Future of mediation, History of mediation, mediation traditions

/ /Leave a comment

This question emerges from a recent three-way Skype conversation with a couple of mediation colleagues, in anticipation of a US-sponsored conference on ADR, to be held in Brazil later this year. As it transpired, the predominant interest of the conference was and is on arbitration rather than mediation, so that conversation has taken a longer…

ADR, Bias, Cognitive Bias, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, Lawyers, Legislation, Litigation, mediation as a career, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Reform, Scotland, Uncategorized, user perspectives

(University of Strathclyde)/ /Leave a comment

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…