Mediation Users/Clients

ADR, Clients, Court Procedure and Litigation, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Scotland, Uncategorized

(University of Strathclyde)/

[A talk given at the recent “100 cases” event in Glasgow to celebrate two years of small claims mediation provided by Strathclyde Mediation Clinic. Judges in Scotland are known as “sheriffs”.] I’ve been rather enjoying my belated return to the small claims court. Like a kind of slow theatre, each Friday afternoon unfolds with impeccable…

Confidentiality, Conflict, Fear, Governments/Public Sector, Ireland, Mediation Users/Clients

(Sabine Walsh Mediation)/ /Leave a comment

Ireland is grinding to a halt. Or, at least, looking in from the outside one could think it is. 40 days on from the general election, we have no government. None of the parties had a sufficient majority, and no coalition can be formed. The latest attempt at talks ended yesterday almost before it had…

Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Perception, Reform, Understanding mediation

(Sabine Walsh Mediation)/ /1 Comment

Mediation Awareness Week in Ireland! 19th -23rd October 2015 In most jurisdictions, when people find themselves dispute, they think “I’ll phone my lawyer”. This is certainly the case in Ireland. When faced with marriage breakdown, a breach of contract, an employment issue, the default port of call is still legal proceedings, and people make an…

Causes of Conflict, Clients, Conflict, Family Mediation, Interests, mediation models, Mediation Practice, Mediation Users/Clients, Understanding mediation

(Sabine Walsh Mediation)/ /Leave a comment

Catching up on a few episodes of Game of Thrones recently, I was enjoying the string-pulling, manipulation and orchestration being engaged in by almost everyone in the fictional world of Westeros. None of the rulers really make their own decisions, all are influenced and steered by others who all have their own agendas. Some do…

ADR, Cognitive Bias, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Efficiency, Fear, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Humorous Pieces, Intuition, Lawyers, Mediation Lawyering, Mediation Users/Clients, Scotland, Uncategorized

(University of Strathclyde)/ /3 Comments

We have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in first; teachers’ strike back with marks and comments. It’s a familiar ritual with its own rhythm and reasoning. It can be viewed as arduous by both sides…

ADR, Appointment of Mediators, Arbitration, Clients, Cognitive Bias, Commercial Mediation, Court Procedure and Litigation, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Litigation, Mediation Contract Clause, Mediation Lawyering, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, Pre-arbitration Dispute Settlement Procedures

(Bill Marsh Mediator)/ /9 Comments

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have…

ADR, Book Review, Business, Causes of Conflict, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, Decision making, Developing the Field, Future of mediation, General, Improvisation, Language, Mediation Practice, Mediation Users/Clients, Neuroscience, Policy, Scotland, Skills, Stories, Success in mediation, Tips, Training, Uncategorized

(Core Solutions Group)/ /1 Comment

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…

Communication, conlfict coaching, Mediation Practice, Mediation Users/Clients, Practical Challenges for Mediators, Social intelligence

(NZ Centre for ICT Law & School of Law, Auckland University)/ /1 Comment

This blog entry arises not so much from any mediation, but from one aspect of regular social encounters that is all too normal a part of negotiation and mediation. As the title suggests, it’s about the role of inquiry, asking questions – not merely gathering information, but going beyond that in the expression of interest…

Commercial Mediation, Deal Mediation, Dispute Resolution, Employment, Ethics, Europe, Family Mediation, Future of mediation, General, Governments/Public Sector, Greece, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Interests, Ireland, Joint Sessions, Language, Lawyers, Legal Issues, mediation as a career, Mediation Lawyering, mediation models, Mediation Outcomes, Mediation Practice, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Neuroscience, Nigeria, Particular Sectors (e.g. Construction, Banking, etc.), peace negotiations, Planning, Policy, Practical Challenges for Mediators, Public Policy, Reform, Scotland, Settlement Agreements, Skills, Sport, Stages of mediation, Standards, Success in mediation, Switzerland, Tactics, Transformation, Trust, UN and International Organizations, Uncategorized, Understanding mediation, Workplace

(Core Solutions Group)/ /1 Comment

I was all set to write about climate change and, more particularly, to reflect on some excellent writing on that subject which addresses so-called climate change sceptics or deniers. It seems to me that there is much to be learned about the motivations and psychology which affect such people and which can easily be read…

Conflict, Developing the Field, Mediation Practice, Mediation Users/Clients, Tips, Uncategorized, Understanding mediation

(University of Strathclyde)/ /Leave a comment

(This is the second of three parts of a keynote address to the YMCA Conference “From Reactions to Relations” in Burton on Trent on 20 November 2014) Last month I wrote in this blog about the fact that mediators “can’t help noticing” certain things as a result of the work that we do. We are…