Mediators’ Conduct

Developing the Field, Dispute Resolution, Leadership, Mediation Practice, mediation process, Mediators’ Conduct, Reflective Practice, Scotland, Skills, The role of the mediator

(Core Solutions Group)/ /3 Comments

A number of recent mediations have reaffirmed some essentials which I share here in the hope that they might be helpful to others: It’s not all about the money. Mr A had a very substantial claim against a bank running into hundreds of thousands of pounds Sterling, most of his life savings. When I asked…

Appointment of Mediators, Creativity, Developing the Field, Ethics, Evaluative Mediation, Fear, insider and outsider mediators, Intuition, mediation models, Mediation Outcomes, Mediators’ Conduct, omnipartiality in mediation, Online Dispute Resolution (ODR), Online Mediation, Perception, Practical Challenges for Mediators, Research, Skills, Success in mediation, Tactics, The role of the mediator, Tips, user perspectives

(Weiler ADR Inc.)/ /4 Comments

“Hi, I’m Rick. I’m your mediator for today. I can’t decide what happens in this dumb dispute or how you resolve issues. My job is just to help people who are incapable of resolving conflict, like yourselves, find areas that you can agree on. That means I get to control what appears in the messages,…

China, Commercial Mediation, Mediators’ Conduct, Reflective Practice, Stories

(Weiler ADR Inc.)/ /Leave a comment

Recently, as I sat in a mediation room awaiting the arrival of lawyers and clients I did something I have often done for more than 20 years. I performed an ancient divination ritual. I cast the I Ching. The I Ching is an ancient Chinese oracle dating back about 3,000 years. It has provided insight…

Appointment of Mediators, Experience, Legal Issues, Litigation, mediated settlement agreement, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediator liability, Mediators’ Conduct, Set Aside a Mediated Agreement, Settlement Agreements, The role of the mediator, Tips, Uncategorized, War Stories

(Strategic Resolution)/ /Leave a comment

Although infrequent, court cases against mediators are illuminating, helping us avoid being dragged into court ourselves. Here’s an example In Tapoohi v Lewenberg & Ors (No 2) [2003] VSC 410, the Supreme Court of Victoria, Australia, considered it arguable that a mediator owes a duty of care to the disputants. The mediated dispute This was…

Commercial Mediation, Confidentiality, Confidentiality and Transparency, Creativity, Disclosure, Efficiency, Improvisation, Interests, lawyers in mediation, Mediation Agreement, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Practical Challenges for Mediators, Reflective Practice, Stages of mediation, The role of the mediator, Uncategorized

(Core Solutions Group)/ /1 Comment

The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the present dispute, the outcome of which was not known to the present parties. In the mediator’s view, it had…

Argument, Below the line, Bias, Brexit, caucus, Cognitive Bias, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Ethics, Fear, General, Impasse, Instinct, Interests, Intuition, Joint Sessions, Leaders, Leadership, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Non-violent communication, Patience, Perception, Practical Challenges for Mediators, Reflective Practice, shuttle mediation, Skills, Status, Success in mediation, Tactics, Teamwork, The role of the mediator, Tips, Transformation

(Bill Marsh Mediator)/ /4 Comments

One of the privileges of mediating is to watch leaders at work. Every party, every team, has its leader(s). And as any mediator will tell you, the way in which they choose to lead during a mediation – and more widely during the conflict or dispute itself – has a significant impact on the outcome;…

Developing the Field, Mediation Practice, Mediators’ Conduct, Personal Development, Reflective Practice, Scotland, Success in mediation, The role of the mediator, Transformation

(Core Solutions Group)/ /3 Comments

“The last great act of a courageous leader is to let go,” I suggested to the CEO as he pondered whether this was in fact a good time to step down. He had many reasons not to leave. He attributed these to other people’s needs for a good transition, giving him a decent send-off, planning…

Bias, Cognitive Bias, Commercial Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Mediation and Society, Mediation Practice, mediation process, Mediators’ Conduct, Neuroscience, peace negotiations, Personal Development, Policy, Practical Challenges for Mediators, Promoting Mediation, Public Policy, Reflective Practice, Scotland, shuttle mediation, Skills, Social intelligence, Success in mediation, The role of the mediator, Tips, Transformation, Trust, Uncategorized, Understanding mediation

(Core Solutions Group)/ /Leave a comment

“I’ve been trying to tell you, but you didn’t listen. You’ve got to go down more deeply and take more time, you’re rushing it and it’s too superficial. You’re hardly disturbing the surface. You’ll make no progress that way. And you are using so much effort. Relax. When you get into difficulty, you are expending…

Arbitration, Australia, Commercial Mediation, Dispute Resolution, Due Process, Hong Kong, Legal Issues, Legislation, Med-Arb Clauses, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, The role of the mediator

(Strategic Resolution)/ /Leave a comment

(This post is being republished because of technical problems when it was first published) The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to…