Mediation Practice

Appointment of Mediators, Below the line, Clients, Cognitive Bias, Conflict, Fear, General, Mediation Practice, Mediation Users/Clients, Mistakes, Patience, Perception, Reflective Practice, Skills

(Bill Marsh Mediator)/ /4 Comments

I blogged recently on the importance in mediation of not forgetting what is happening in the other room. It’s an easy mistake to make. Here’s another one that is easy to make. “Assumed motivation”. A lot of stuff happens both in conflicts and the process of their resolution. Things are said and done by each…

Future of mediation, Mediation Practice, Mediators’ Conduct, Online Dispute Resolution (ODR), Online Mediation

(UCL Faculty of Laws), , and (Core Solutions Group)/ /Leave a comment

Homo sapiens, the wise human being, must now learn from its mistakes and live up to its name. We who are alive today have the formidable task of making sure that our species does so.” David Attenborough, A Life on Our Planet Looking back at John Sturrock’s post from February which suggested a World Mediators…

Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Reflective Practice, Success in mediation, The role of the mediator

(Bond & Bond Mediation / University of Wildau )/ /1 Comment

Sometimes I wonder what the facilitation and mediation work I do is all about. By which I mean what purpose does it perform for clients. What is it that they are asking for from me, and what is it that they actually get? Do they always really want what they are ostensibly asking for? Do…

Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Mediators’ Conduct, Role of Mediator, SIDRA Survey, Singapore Convention on Mediation

(Singapore Management University)/ /Leave a comment

The introduction of the Singapore Convention on Mediation (SCM) last year has intensified the long-standing debate on professional mediator standards. A previous blog post called for China to streamline its legislation on commercial mediation, and another spoke of the prospects of proliferating and harmonizing standards in the Middle East. The idea of a global mediator…

Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation Practice, Neuroscience, Personal Development, Practical Challenges for Mediators, Reflective Practice, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /4 Comments

The process of discerning what to write about in a blog is interesting. Sometimes inspiration comes quickly. On other occasions, there is a barren wilderness, or a hotchpotch of half-formed ideas. This month feels like the last of these. I thought to write about a really excellent new book by the Oxford economists, Paul Collier…

ADR, Argument, Australia, Commercial Mediation, Conflict, Dispute Resolution, International commercial mediation, Med-Arb Clauses, Mediation Practice, mediation process, mediation traditions

(University of New South Wales)/ /Leave a comment

I say regularly that students make the best teachers. My students continue to prove me right. In my recent ADR program I confessed to my undergraduate students that having a conversation about culture was something that made me very anxious. I feel poorly prepared and I fear, with the best intentions, causing offence and appearing…

Appointment of Mediators, COVID-19, cross-border mediation, Cross-cultural, Developing the Field, Dispute Resolution, Economics, Efficiency, Email, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, Japan, Legal Issues, mediated settlement agreement, Mediation Practice, Online Dispute Resolution (ODR), Online Mediation, Singapore, Singapore Convention on Mediation

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

Hot off the heels of the Singapore Convention, The Singapore International Mediation Centre (SIMC) and the Japan International Mediation Center (JIMC) on 12 September 2020 signed a Memorandum of Understanding to operate a joint protocol that provides cross-border businesses, including companies along the Singapore-Japan corridor, with an economical, expedited and effective route for resolving commercial…

Developing the Field, Experience, Instinct, Intuition, mediation models, Mediation Practice, mediation process, mediation traditions, Neutrality, Practical Challenges for Mediators, Scotland, Stages of mediation, The role of the mediator, Uncategorized, Understanding mediation

(University of Strathclyde)/ /2 Comments

I wrote this piece for Strathclyde Mediation Clinic after a series of conversations with new and learner mediators. Some surprised me with their passivity in the face of parties’ lack of knowledge or understanding. After some probing I learned that many new mediators recognise the problem but believe the model they were taught prohibits them…

ADR, Dispute Resolution, Future of mediation, Mediation Practice, mediation process, Planning, Reform, Stages of mediation, Time Pressure

(University of Missouri Center for the Study of Dispute Resolution)/ /3 Comments

The deeply-felt norm of conducting mediation on a single day is eroding as everyone adjusts to the realities of the coronavirus crisis and people appreciate the benefits of spreading out the process over time. This post describes the evolution around the world to what I have called “planned early multi-stage mediation.” One-Day Mediations For many…

Dispute Resolution, Future of mediation, Mediation Practice, Mediation Reforms (Legislation, etc.)

(Strategic Resolution)/ /2 Comments

Looking back to my lunch on a balcony overlooking the Thames in 2006, I am struck by how far dispute resolution has developed since our host, Michael Leathes, asked: “how, if we could, might we improve the dispute resolution world”? In my opinion Michael’s contribution to that development has been as significant as that of…