Negotiation

Dispute Resolution, Japan, lawyers in mediation, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Neuroscience, Practical Challenges for Mediators, Reflective Practice, Scotland, Stories, The role of the mediator, Time Pressure, Uncategorized

(Core Solutions Group)/ /Leave a comment

“You’ve done what?” It took just a moment. The red mist descended. The words were out before I could haul them back in. “You’ve just gone behind my back and undermined what I set out, and we had agreed, we would do….you might at least have had the courtesy…..” The lawyer had just told me…

ADR, Commercial Mediation, Communication, Creativity, Dispute Resolution, Experience, Interests, lawyers in mediation, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Stages of mediation, Success in mediation, The role of the mediator

(Strategic Resolution)/ /1 Comment

Photo credit: Creative Commons Jean M.Mas 2/2007 Although my mediation training made no mention of it, 32 years of mediating have taught me that mediations generally unfold over two stages: Stage 1: “Who Did What to Whom”? Here parties (or their lawyers) follow the ritual of naming, blaming and claiming – recounting facts, providing evidence…

Brexit, Mediation and Society, Negotiation, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /6 Comments

“For nobody would understand, And you kill what you fear, And you fear what you don’t understand.” Powerful words. As a progressive rock music aficionado, these lyrics taken from the song “Duke’s Travels” by my favourite band, Genesis, have often brought me up short as I listen to the album from which they come, 1980’s…

Communication, Cross-cultural, Dialogue, Negotiation, Practical Challenges for Mediators

(NZ Centre for ICT Law & School of Law, Auckland University)/ /2 Comments

“Across the great divide, Just grab your hat and take that ride” – The Band, 1969 (written by Robbie Robertson) We have all had those conversations or exchanges after which we’ve wished we had thought of a further point to make, a rebuttal of the other’s claim we only later thought of, a way of…

Australia, Communication, Developing the Field, Dialogue, Dispute Resolution, mediation traditions, Negotiation, peace negotiations, Trust

(University of New South Wales)/ /6 Comments

Music and art make continuing and surprising contributions to Dispute Resolution. Greg Bond’s June Blog, written as a means of keeping his promise to write about the Beatles, shared lyrics that gave conflict a new voice. Synchronicity has been at work and suddenly the Beatles lyrics are getting a lot of exposure in the conflict…

ADR, Brexit, Developing the Field, Dispute Resolution, Future of mediation, Impasse, Mediation and Society, Negotiation

(Core Solutions Group)/ /Leave a comment

“In negotiations of all kinds, the greater your capacity for empathy – the more carefully you try to understand all of the other side’s motivations, interests and constraints – the more options you tend to have for potentially resolving the dispute or deadlock.” These are wise words from negotiation guru, Deepak Malhotra of Harvard Business…

Brexit, Cognitive Bias, Dispute Resolution, Europe, Negotiation

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

I am sorry for writing about Brexit again here. It is not as if Brexit matters that much. To readers of this blog outside of Europe perhaps not all. But I cannot resist it. I was thinking about writing about the Beatles and The Rolling Stones – arguably equally as UK-centric as Brexit. Well, I…

Developing the Field, Dispute Resolution, Future of mediation, Impasse, Mediation Practice, Negotiation

(Core Solutions Group)/ /Leave a comment

“If you had not held us back that evening, the deal would not have been done.” “Thank you and I wish you well.” In this post, I return to a familiar theme for mediators and for lawyers acting for clients in mediation: perseverance. The first of the two quotations above comes from a participant in…

Communication, Dispute Resolution, mediation process, Mediation Users/Clients, Negotiation, Young Mediators

(Peacekeeping and Conflict Resolution Team)/ /1 Comment

(Written with Advocate Karleen De Mello, Goa, India) I was recently witness to a mediation session during which two seasoned negotiators behaved disappointingly. Why? On the other side was a negotiator, who walked in with a cane, accompanied by her lawyer. From the outset, these two experienced negotiators behaved very awkwardly at the table, with one…