Mediation Practice

Appointment of Mediators, Clients, Commercial Mediation, Corporate Counsel's View, Evaluative Mediation, General, lawyers in mediation, Legal Issues, Mediation as a business, mediation as a career, Mediation Practice, mediation process, Mediation Users/Clients, Success in mediation, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

Like all businesses, mediation ultimately depends upon (and needs to reflect) what the users want from it. That doesn’t of course mean that theirs in the only relevant perspective – mediators also have views on what the process can and should offer. But at the very least it’s a vital part of the equation (I…

Commercial Mediation, Dispute Resolution, Legislation, Mediation Practice, Vietnam

(Vietnam National University, Faculty of Law, University of Economics and Law)/ /Leave a comment

1. Introduction Although private commercial mediation has been offered in Vietnam for around ten years,[1] Some arbitration centres in Vietnam introduced and offered private commercial mediation since 2007 the Vietnamese Government’s enactment of Decree 22/2017/NĐ-CP on 24 February 2017 on Commercial Mediation (hereinafter Decree 22) has been significantly meaningful. Firstly, the Decree 22 has steadily…

Cognitive Bias, Communication, Conflict, Decision making, Dialogue, Dispute Resolution, Mediation Practice, Negotiation, Neuroscience

(Core Solutions Group)/ /Leave a comment

The story of the blindfolded men who each approach an elephant from different angles (at the tusk it’s described as a spear, at the tail a rope, at the leg a tree etc.) is a good example of how multiple truths can exist depending on the perspective you take. Different views can often be the…

Appointment of Mediators, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, mediation as a career, Mediation Practice, mediation process, Success in mediation

(Sabine Walsh Mediation)/ /7 Comments

Every year hundreds, if not thousands, of seats are sold on mediation training courses in Ireland and the UK alone. Most of these courses end with motivated, excited and passionate new mediators going out into the world looking to do their bit to change how conflict is dealt with. What they have usually not been…

Dialogue, Mediation Practice, Mediation Users/Clients, Workplace Mediation

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

One of the principles of mediation as it is trained and practised around the world is that participation is voluntary. The parties decide for themselves if they wish to mediate their dispute. The mediator is only needed if that is what they decide. Of course, this is not quite that clear cut, and there are…

Causes of Conflict, Cognitive Bias, Commercial Mediation, Europe, Ireland, Mediation Practice, peace negotiations, Reflective Practice, Russia, Scotland

(Core Solutions Group)/ /2 Comments

I am travelling back from a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution professionals. It was a privilege to spend time at Glencree, the centre for peace and reconciliation which was one of those places where so much was done in recent…

Domestic Courts, EU Mediation Directive, Germany, Judges as mediators, Mediation Act, Mediation Practice, National Mediation Laws

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

The German Mediation Act was passed five years ago on 21 July 2012, after nearly all EU member states were required by a 2008 EU Directive to implement mediation legislation. I took the opportunity to talk about the Act and its effects with two experienced mediator-judges working in German courts. Anne-Ruth Moltmann-Willisch has been a…

Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, mediation process, Mediation Users/Clients, Skills, Tactics, Tips, Uncategorized

(University of Strathclyde)/ /2 Comments

This post riffs on Elvis Costello’s “What’s So Funny Bout Peace, Love and Understanding?” to probe the usefulness of the words “trust” and “respect” in mediation. Invitation Mediators the world over are taught to invite their clients to speak. We’re not there to tell people what to do; rather to ask them what they want…

Art, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Uncategorized

(Core Solutions Group)/ /Leave a comment

It was fifty years ago at the end of May that the Beatles launched the album (or LP as it was then called) “Sergeant Pepper’s Lonely Hearts Club Band” on the world – and the world was changed forever. 1967 was quite a year. It was the “Summer of Love”. Revolution was in the air…

Australia, Developing the Field, Ethics, Future of mediation, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Neutrality, Uncategorized, Understanding mediation, Workplace Mediation

(University of Strathclyde)/ /4 Comments

Have you ever wondered who mediators are helping? The parties, obviously! Well, not so obvious to our critics. In this blog I consider worries about mediation’s approach to manifest injustice before making the case for understanding the mediator as co-creator, with the parties, of outcomes. I argue that co-creation enhances the prospects for justice. Stories…