Mediation Outcomes

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, History of mediation, Judges as mediators, Lawyers, lawyers in mediation, Litigation, Mandatory mediation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Training, Settlement Agreements, Standards, Training, Understanding mediation, user perspectives

(Strategic Resolution) and (University of New South Wales)/ /1 Comment

                                                        In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…

Bias, caucus, Caucus, Cognitive Bias, Commercial Mediation, Communication, Confidentiality, conlfict coaching, Decision making, Developing the Field, Dispute Resolution, Flexibility, Intuition, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Mediation Skills, Mediation Training, Negotiation, Practical Challenges for Mediators, Reflective Practice, Scotland, Stages of mediation, The role of the mediator

(Core Solutions Group)/ /2 Comments

It’s been a long time since I wrote a blog just about mediation practice. Other things always seem more important! However, as I was mediating this week, a thought occurred to me about a rather imperceptible but very real change in my practice as a mediator, which I develop here, albeit in a simplified way….

Creativity, Dispute Resolution, Experience, mediation models, Mediation Outcomes, Mediation Practice, Perception

(University of New South Wales)/ /Leave a comment

One of the great joys of being part of the world-wide mediation community is the  opportunity to learn and keep learning from professionals whose practice is far from homogeneous. The generosity in sharing thoughts, ideas and even intellectual property is remarkable. Despite this, there is still a lot about the practice of mediation that is…

ADR, Bias, Commercial Mediation, Dispute Resolution, Game Theory, Mediation Outcomes, Mediation wisdom, Reality-Testing

(Bruce Greig, Civil and Commercial Mediator)/ /1 Comment

Kleros is a cryptocurrency dispute resolution platform. It uses crypto tokens and game theory to resolve real-world disputes. It follows an automated process with no discussion, no nuance, no probing questions. It seems to be at the opposite end of the dispute resolution spectrum to mediation. Yet I think there is something that mediators can…

Cooperation, Game Theory, Mediation Outcomes, Mediation Practice

(Bond & Bond Mediation / University of Wildau )/ /8 Comments

A mediation ended without amicable agreement. The parties had reached that understanding only. It had taken several sessions over several weeks, with plenty of recrimination about the past that further damaged already damaged relationships. At least there was clarity. The consequences were clear too. It was not the preferred solution. What did this do with…

Court Procedure and Litigation, Developing the Field, Future of mediation, Legal Issues, Mandatory mediation, Mediation Outcomes, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Policy, Practical Challenges for Mediators, Public Policy, Uncategorized, Understanding mediation

(University of Strathclyde)/ /13 Comments
Graffiti commenting on truth and its usefulness today

I started mediating in my early 30s, surely old enough to know the difference between truth and fiction. Yet after a couple of years I began to say, first to myself then to my friends, that the concept of truth was ‘no longer useful’ in my work. What did I mean and how did I…

Civil rights, Co-mediation, Communication, Conflict, Cooperation, COVID-19, Dialogue, Europe, General, Governments/Public Sector, insider and outsider mediators, Interests, International Mediation, Investor-state mediation, Mediation Outcomes, mediation process, Public Policy, Transformation, Trust

(Bill Marsh Mediator)/ /4 Comments

In a few weeks’ time I will come to the end of a two-year mediation engagement in South Eastern Europe. The conflict in question relates to environmental pollution. The issues are complex and heavily contested, and there are many stakeholders – government, city authorities, environmental groups, investors and business, to name a few. It has…

Accreditation, Australia, Communication, Dispute Resolution, Future of mediation, Mediation, Mediation Outcomes, Mediation Practice, Mediators’ Conduct

(University of New South Wales)/ /Leave a comment

The Harvard Program on Negotiation (PON) has provided a life-changing experience for many of us. It certainly changed the trajectory of my life and triggered a life-long immersion in conflict resolution theory and practice. I am immensely grateful. The program has been an evolutionary one – regularly enhanced and updated to fit the frame of…

ADR, Commercial Mediation, Cooperation, Court Procedure and Litigation, Decision making, Dialogue, Dispute Resolution, Future of mediation, Litigation, Mediation and Society, Mediation Outcomes, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /4 Comments

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value. And this was a commercial situation, not a…

Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Reflective Practice, Success in mediation, The role of the mediator

(Bond & Bond Mediation / University of Wildau )/ /1 Comment

Sometimes I wonder what the facilitation and mediation work I do is all about. By which I mean what purpose does it perform for clients. What is it that they are asking for from me, and what is it that they actually get? Do they always really want what they are ostensibly asking for? Do…