Negotiation

Causes of Conflict, Communication, Conflict, Cooperation, Creativity, Dialogue, Economics, Interests, Mediation Practice, Negotiation, Skills, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /1 Comment

I recently had the pleasure of taking part in a workshop led by William Ury in which small teams of participants were invited to apply his BB3 framework to challenging situations they were confronting. BB3 brings together a number of ideas and approaches that Ury has contributed to the field of mediation and negotiation over…

Bias, caucus, Caucus, Cognitive Bias, Commercial Mediation, Communication, Confidentiality, conlfict coaching, Decision making, Developing the Field, Dispute Resolution, Flexibility, Intuition, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Mediation Skills, Mediation Training, Negotiation, Practical Challenges for Mediators, Reflective Practice, Scotland, Stages of mediation, The role of the mediator

(Core Solutions Group)/ /2 Comments

It’s been a long time since I wrote a blog just about mediation practice. Other things always seem more important! However, as I was mediating this week, a thought occurred to me about a rather imperceptible but very real change in my practice as a mediator, which I develop here, albeit in a simplified way….

Conflict, conlfict coaching, crisis negotiatons, Go to the balcony, International Mediation, Mediation Practice, Negotiation, peace negotiations, Reality-Testing, Reflective Practice, Scotland, Ukraine

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I have been musing about what a mediator might say to President Putin given the opportunity. That led me to compose a letter a few weeks ago, with which I have since tinkered. This is merely a thought experiment. The letter goes something like this: “Dear President Putin I write as a mediator, a peacemaker….

Commercial Mediation, Community Mediation, Developing the Field, Dispute Resolution, Family Mediation, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Practice, mediation traditions, Mindset, Negotiation, Stages of mediation, The role of the mediator, Uncategorized, Understanding mediation

(University of Strathclyde)/ /14 Comments
Lawyer making opening statement in mediation

“The world is made, not found.” (W Barnet Pearce) I had been a mediator for about 10 years before I heard parties’ initial words described as their “opening statement.” This may surprise some readers, though probably not if they began, like me, in family mediation, nor community or workplace. Other descriptions are available, as our…

Conflict, Europe, Governments/Public Sector, Negotiation, peace negotiations, Russia, Ukraine, Uncategorized, Violence

(FORARB/Charles University)/ /4 Comments

It was Thursday, February 24th, 2022. From the morning, I had been mediating a dispute between a grandfather and two of his granddaughters. Then, during the break, I switched on my phone and read the news. Very shocking news. As a person that has spent all his professional life bringing peace and understanding to the…

Appointment of Mediators, Cooperation, cross-border mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Governments/Public Sector, International Conciliation, International Mediation, Negotiation, peace negotiations, Promoting Mediation, Public Policy, Scotland, Uncategorized

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Effective inter-governmental relations among the constituent parts of the United Kingdom are essential in an era of increased devolution of powers, post-Brexit allocation of responsibility and contested narratives about the future of the (uncodified) UK constitution. Background One of the rather depressing aspects of the constitutional impasse in the UK is that inter-governmental relations (IGR)…

Book Review, Causes of Conflict, Communication, Conflict, Cross-cultural, Dispute Resolution, Language, Memory and Illusions, Negotiation, peace negotiations, Perception

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List of Must-Read Books for Every Negotiator Let me introduce you to my new project. I would like to put together a list of five books every negotiator must-read. And when doing this, I do not have in mind works directly related to negotiation and/or mediation such as Getting to Yes by Roger D. Fisher…

Dialogue, Economics, Game Theory, Negotiation, The role of the mediator, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /4 Comments

John Sturrock and I recently had the pleasure of contributing a session on game theory and mediation to a workshop on global conflict and dispute resolution hosted by the Delhi Metropolitan Education College. Preparing for the event led me to reflect further on game theory and its relationship to mediation. In summary, game theory analyses…

Costs in Mediation, Decision making, Interests, Lawyers, lawyers in mediation, Legal Issues, Legal Practice, Mediation Lawyering, Negotiation, Tactics, Trial Value

(University of Missouri Center for the Study of Dispute Resolution)/ /Leave a comment

While it is obvious that law is significant in legal disputes, how the law is used is not so obvious. This piece uses Oliver Wendell Holmes’s famous definition of the law as “prophecies of what the courts will do in fact,” rather than rules expressed in statutes, case law etc. It discusses two aspects of…