A lot has been said about how to spread the mediation culture in Brazil. Undoubtedly, it is critical to improve the awareness of mediation as a useful tool in dispute resolution, targeting potential users and clients especially. These are the people who will select and recommend mediation to solve disputes and lawyers are probably the…
Here is a confession. I have a theory (in the best traditions of Monty Python). It is totally untested. I am pretty certain that it would not survive rigorous, double-blind trials. It may, however, contain some seeds of insight. My theory – wait for it – is that mediations where one or more of the…
A human resources manager recently asked me for a general list of reasons why a mediation might not settle. While part of me wanted to question the idea of settlement as the goal of mediation (see Alan Gross’s excellent piece ‘Agreement Not the Gold Standard for Mediation – http://www.mediate.com/articles/GrossA3.cfm ) most of me thought this…
[Author’s Warning: This entry involves references to and discussions about the system of Cartesian Coordinates and how it might assist mediators in reality testing and reframing. Readers with a Math Phobia are advised to proceed with cautious abandonment.] [Author’s postscript: As I finish writing this, it becomes increasingly clear to me that some readers may…
Another new mediation venture in Scotland: last week saw the launch of University of Strathclyde Mediation Clinic (http://www.strath.ac.uk/humanities/lawschool/mediationclinic/ ). While by no means a new idea, it’s the first in this jurisdiction. The response took us by surprise. We were graced with the presence of the University’s Principal, a judge, lawyers, sponsors, advice agencies, academics…
As Ireland again, or still, struggles with its socio-political identity, its legal and moral values, and the role of the Catholic church in all of this, it seems like only yesterday the debate raged about the constitutional referendum which, in 1996, introduced divorce and, with it, the right to remarry into Irish law. In the…
Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly what that means but to my mind we were essentially taught to own the process and butt out of the outcome. Recently there have been a number of calls for mediators to do more – more what is…
It is trite that one of key tasks of a mediator is to sort out what Patton, Stone and Heen in their book “Difficult Conversations” refer to as the “What Happened” conversation. Although they write about this and two other conversations in the context of negotiation, their insights are pertinent to mediators as well. One…
I’m not often drawn to practical tips. I once discovered that I am an “activist” learner. This apparently means that I learn best when “thrown in at the deep end” and less well when “absorbing and understanding data” (see http://archive.excellencegateway.org.uk/page.aspx?o=152477 for a description of learning styles and http://www.peterhoney.com for a self-evaluation test). It perhaps explains…
A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict…
