Due to the fact I work as a Mediation professor I am always aware of the question of Ethics. Teaching Mediation implies sharing its ethical principles with the students and helping them to observe such principles in the practice of Mediation. In Brazil nowadays we rely on three Codes of Ethics devoted to Mediation. The…
As I open each mediation session I remind everyone that the mediation is “confidential”, “without prejudice”, “off the record”. I acknowledged that these three concepts don’t mean precisely the same thing at law but that for practical purposes it is our common intention and agreement that “what’s said here, stays here.” I know there’s more…
Hot off the press: Phillip Hart of LEADR Australia talks with US trainer, facilitator and mediator, Peter Adler about what are the live issues for him currently in the dispute resolution world (podcast >>20 mins)
This story is for you if . . . • You have had several mediations where there are huge gaps in your evaluation of the case versus your adversary’s evaluation of the case; • You have not spent any time getting a sense of how your adversary evaluates the case. The Myth: Defendants walk into…
I like the Christmas season. It marks a very happy time in the year for me and I’m afraid, it makes me a bit silly. In that spirit, I hope readers will forgive that I start off with an Elephant story… I recently had the need to think about the various models of mediation that…
This blog is inspired by a page from Monty Python’s ‘Big Red Book’ entitled ‘Why Accountancy is Not Boring.’ (Apologies to those who have not come across the Pythons’ rather English form of humour – for the original piece see http://arago4.tnw.utwente.nl/stonedead/publications/sketches/accountancy.html) Apologies too to accountants everywhere who, in the 1970’s, were probably as easy a…
In his blog post on the 22nd of November, Kenny Aina referred to judges who mediate, commenting that many judges do not possess a mediator’s paradigm. To find out what that is, you will have to read Kenny’s blog. However, like it or not, many judges do mediate, both retired judges and active judges. In…
It’s been a tough week. In fact, it has been a tough month. And, on reading Geoff Sharp’s post from 30th November, I am amused and reassured to see that I am not alone in thinking this! Maybe it’s the time of year, maybe it’s the weather over here in the soggy Northwest of Ireland,…
How good are the decisions you make? Are they free from error? From unconscious bias? Are they consistently the product of careful reasoning? Before you answer yes, consider the following questions: 1. A bat and a ball cost $1.10 in total. The bat costs $1.00 more than the ball. How much does the ball cost?…
The evolution of society, its population growth and the consequent increasing complexity as to relationships made it necessary that the natural right to justice become a right guaranteed by the State. That came about due to the fact man used to make justice himself using physical violence and imposing his own interests. Access to Justice…
