Mediation Practice

Class action, Discrimination, Employment, Mediation Practice, Negotiation, Planning, Wrongful termination

(First Mediation Corporation)/ /2 Comments

Mediating complex employment cases is like rehearsing for a concerto. The conductor spends a substantial amount of time reviewing the score, while the musicians practice the piece both individually and collectively. Hours and hours of practice result in one concert. Malcolm Gladwell, in his recent book ‘Outliers,’ describes the phenomenon of hugely successful people and…

Causes of Conflict, Communication, Conflict, General, Language, Mediation Practice, Practical Challenges for Mediators, Skills

(National University of Singapore, Faculty of Law)/ /1 Comment

I read a long time ago that lessons for life can be found everywhere as long as we look for them. As with many of these quotes that we read, my response was to nod sagaciously, file it away for future reference and then forget all about it. I was driving the other day, about…

ADR, Below the line, Clients, Commercial Mediation, Conflict, Corporate Counsel's View, Creativity, Decision making, Dispute Resolution, Due Process, Efficiency, Ethics, insider and outsider mediators, Instinct, Lawyers, Mediation Practice, mediation traditions, Mediation Users/Clients, Mentoring, Mistakes, Neuroscience, Planning, Skills, Standards, Stories, Success in mediation, Survivor

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Down here in New Zealand it’s high summer and most of the country will spend until the end of January at the beach. I remember, when I was still at my law firm 10 years ago, the feeling of brief respite at this time of year before having to put on my boots again and trudge…

Creativity, Future of mediation, Infancy, Mediation Practice, Stages of mediation, Toddler

(First Mediation Corporation)/ /2 Comments

My basic nature is to be optimistic about the future. If I were one of the six thinking hats described by author Edward DeBono, I would be the yellow hat. The yellow hat is for optimism and the logical, positive view of things. The yellow hat looks for how something can be done and requires…

Apologies, Apology, Clients, Conflict, Improvisation, Instinct, Intuition, mediation models, Mediation Practice, Scotland, Skills, Stories, Uncategorized

(University of Strathclyde)/ /Leave a comment

In the last year I have had the privilege of joining a group of mediators for their monthly CPD (continuing professional development). We are all loosely in the commercial sector, which can include workplace, family business and public sector disputes. This being Scotland (see previous posts on judicial resistance to mediation) no-one is making their…

Accreditation, ADR, ADR Agreements, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Dispute Resolution, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Reform, Regulation, Standards

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In June 2012 the Hong Kong Legislative Council passed the Mediation Ordinance (MO), the first piece of legislation on mediation in Hong Kong SAR. The MO was a much awaited and highly anticipated law and some mediation advocates have been disappointed in what they see as much ado about nothing. After all the MO appears…

Commercial Mediation, Mediation Practice, Practical Challenges for Mediators

(Weiler ADR Inc.)/ /3 Comments

I recently had three mediations in a row that failed to reach settlement. After a couple of days contemplating running away with the circus and other lateral career moves, I started focussing on what I might have done differently and what might yet be done to advance resolution. Counsel and parties look for perseverance in…

Apologies, Clients, Creativity, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, mediation models, Mediation Practice, Mediation Schemes (In Courts, etc.), National Mediation Laws, Regulation, Scotland, Uncategorized

(University of Strathclyde)/ /1 Comment

Mediation is often portrayed as a useful vehicle for disputes between equals, where parties can be expected to speak for themselves and neither has significant power over the other. Critics, and even supporters, become more sceptical when it comes to less symmetrical situations. Complaints against professionals are one such category. The professional is seen to…

Clients, Communication, Conflict, conlfict coaching, Developing the Field, Dispute Resolution, Intuition, Mediation Practice, Negotiation, Planning, Skills

(Singapore International Dispute Resolution Academy)/ /1 Comment

In this posting I want to reflect on how, as a mediator, I’ve learnt much from the related but independent conflict management process, called conflict coaching. Before I get ahead of myself, however, let me start by offering an explanation of conflict coaching. Conflict coaching is a service provided by a conflict specialist to a…

ADR, Mediation Practice, Skills, Stories

(Diane Levin LLC)/ /Leave a comment

On the final day of an advanced mediation skills training I took many years ago, the trainers brought in a group of improvisational actors. The idea, as you might readily guess, was to invite us to shake off our habitual responses (together with our post-lunch lethargy) and, unbound by convention, let our creative impulses off…