Mediators’ Conduct

Apologies, Clients, Developing the Field, General, Language, Mediation Practice, Mediators’ Conduct, War Stories

(University of Strathclyde)/ /3 Comments

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…

Bias, Clients, Family Mediation, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Success in mediation

(Sabine Walsh Mediation)/ /Leave a comment

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,…

Clients, Commercial Mediation, Developing the Field, Dispute Resolution, Due Process, Efficiency, Ethics, General, International Mediation, Mediation Outcomes, Mediation Users/Clients, Mediators’ Conduct, Settlement Agreements, Uncategorized, War Stories

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Yep, it’s been an up-and-down month.  More down than up if I’m honest. But hey! I’ve done enough of these things to know that my old Dad was right all those years ago when we’d stand at the top of a black run and he’d say “Laddie, if you’re not falling down, you aren’t skiing…

Arbitration, Bias, Ethics, Mediation Practice, Mediators’ Conduct

(Diane Levin LLC)/ /Leave a comment

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?…

ADR, Appointment of Mediators, Availability of Mediators, Dispute Resolution, Judges as mediators, Mediators’ Conduct

(Aina Blankson LP)/ /1 Comment

Years ago, I participated in a Richard Salem led mediation skills acquisition training for retired Judges and I will never forget the words of a just retired Chief Judge contemplating a career in mediation “ Kenny, you mean I will just listen without telling the parties what to do? Impossible! Not me!”. I have seen…

ADR, Arbitration, Bias, Clients, Combined Clauses, Commercial Mediation, Cross-cultural, Dispute Resolution, Evaluative Mediation, General, Hong Kong, Humorous Pieces, International Courts, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Med-Arb Clauses, Mediation Outcomes, Mediators’ Conduct, Pre-arbitration Dispute Settlement Procedures, Public Policy, Uncategorized

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

Hong Kong is the global city of designer ‘labels’ as even the most reluctant of shoppers cannot fail to observe. It is also the city of fakes – fakes with labels and fakes without labels – and the place where the ‘No Fake’ label and the ‘No Label’ label thrive! Confused? Well don’t worry, Hong…

Clients, Due Process, Mediation Practice, Mediators’ Conduct

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

1. Failing to get the right people at the table. 2. Failing to explain the mediator’s role as agent of reality. 3. Permitting settlement negotiations to begin prematurely – prior to permitting the parties to vent or prior to risk analysis and reality testing. 4. Failing to orchestrate the negotiations by discouraging out of the…

Clients, Family Mediation, General, Language, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct

(The University of Western Australia )/ /Leave a comment

Desire. I have some transcripts from real-life family mediations to analyse and reading the transcripts, it struck me that I was reading about desire. This sent me back to my 1985 language, literature and culture textbook, Modern Literary Theory, and to psychoanalytic and linguistic theories. Thinking also about Nadja Alexander’s post about the Carlo Scarpa…

Developing the Field, Dispute Resolution, Experts, General, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Memory and Illusions

(National University of Singapore, Faculty of Law)/ /1 Comment

This post is dedicated to the memory of Steve Jobs (1955-2011) [Author’s note: I had in mind another subject for this blog post. I was however moved to write this one. It seems fitting that I am writing it on my Mac Book Air.] 5 October 2011 was a sad day. It saw the passing…