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From theory to practice – BATNA in the spotlight
As long ago as 1981, in the very first edition of Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher and William Ury proposed the following novel negotiation method: separate the people from the problem focus on interests, not positions invent options for mutual gain and insist on using objective criteria. Later…
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Can we rely on judges to bring mediation into the mainstream?
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
Reflections on Mediation in Practice and Bringing Parties Together
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
Keeping Mediation out of the Box
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
What can mediators learn from Kleros, a platform which uses cryptocurrency and game theory to resolve disputes?
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 and Competition (Revisited): Tit for Tat
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
Truth. No longer useful?
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…
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Aim For Redundancy
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…
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Mediation as a Megaphone
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…