mediation process

Communication, Community Mediation, Decision making, Dialogue, Environmental Mediation, Governments/Public Sector, mediation process, Practical Challenges for Mediators, Public Policy

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

In two earlier blog posts, I commented on the work of and risks to the Land and Water Forum in New Zealand. That there is cause to write again on this topic begins to feel like shaping up to the blog equivalent of Douglas Adams’ Hitchhiker’s Guide to the Galaxy: a Trilogy in Four Parts…

Lawyers, Mediation Practice, mediation process, Partnership disputes

(Keystone Law)/ /Leave a comment

“Whilst I am grateful to counsel and solicitors for their presentation and assistance in this matter, the legal battles raging between these two brothers are unedifying, unpleasant and exceptionally wasteful. They must obviously be inflicting pain and harm on others, as well as themselves. I urge them on both sides, with the assistance of their…

Appointment of Mediators, Below the line, Bias, Clients, Future of mediation, General, Instinct, Intuition, Lawyers and Psychologists, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Perception, Philosophy, Quality, Standards, Success in mediation

(Bill Marsh Mediator)/ /Leave a comment

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement? Perhaps even no meaningful progress towards a settlement? Occasionally, no offers even made? And as you do so, perhaps you find that your thoughts veer from:…

Game Theory, History of mediation, mediation as a career, mediation models, Mediation Practice, mediation process, Mediators’ Conduct, Perception, Philosophy, Practical Challenges for Mediators, Promoting Mediation, Scotland, Uncategorized

(Core Solutions Group)/ /Leave a comment

“Doubt is not a pleasant condition but certainty is an absurd one.” These words of Voltaire are as apt today as they were when he wrote them in the 18th century. I don’t know about you but this year seems to be a curious mixture where some people purport to deal in apparent certainties, which…

Communication, Conventional wisdom, Developing the Field, General, mediation process, Online Dispute Resolution (ODR)

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

This is not a blog about the novel and films that might have captured the “grey” zone in public imagination. Rather, it’s about uncertainty, both within and about mediation. These notes also owe much to conversations with mediation colleagues at the ICC’s mediation competition in Paris in early February, over coffees and the occasional glass…

ADR, Creativity, Decision making, Developing the Field, Economics, Future of mediation, Game Theory, Growth of the Field (Challenges, New Sectors, etc.), Impasse, Interests, International Mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Philosophy, Policy, Scotland

(Core Solutions Group)/ /1 Comment

John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from Game Theory. I (John) had been familiar with The Prisoners’ Dilemma…

Language, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Scotland, Skills, Transformation

(Core Solutions Group)/ /19 Comments

“I often draw strength from meeting ordinary people doing extraordinary things … their lives frequently embody a truth expressed by Mother Teresa, from this year Saint Teresa of Calcutta. She once said: ‘Not all of us can do great things. But we can do small things with great love’. But even with the inspiration of…

Bias, Brexit, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Decision making, Dialogue, Dispute Resolution, Future of mediation, Interests, Mediation Practice, mediation process, Neuroscience, peace negotiations, Promoting Mediation, Scotland, Training

(Core Solutions Group)/ /2 Comments

I have just read Ian Macduff’s recent Kluwer blog (26 November: “Upheaval and resilience: a note from the Shaky Isles”). What a privilege it is, in this blog, to follow Ian’s erudite writing. He captures so well the spirit of the age, with all its uncertainty, tragedy, hope and opportunity. On that theme, my wife…

Dispute Resolution, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Tactics

(Borneo Martell Turner Coulston LLP Solicitors)/ /Leave a comment

Tackling the cause of a dispute requires attention to detail. Often the real problem is lost in translation. Turning the fall out into legal definitions is the first step but it most certainly is not the most important as the law is only a component in a dispute and rarely provides an answer to it….

Communication, conlfict coaching, Dialogue, Language, Mediation Practice, mediation process, Online Mediation

(NZ Centre for ICT Law & School of Law, Auckland University)/ /3 Comments

A few recent observations prompt this blog about language and the world of words that we work with in mediation. First, in reading around the burgeoning literature on online dispute resolution and – especially – at the algorithm-based, automated end of the scale, I note the suggestion that dispute resolution and mediation are based just…