Negotiation

ADR, Dispute Resolution, Future of mediation, Lawyers, Legal Practice, Litigation, Mediation Practice, mediation process, Mediation Users/Clients, Negotiation, Understanding mediation

(Jeff Trueman Mediator)/ /2 Comments

As Chip and Dan Heath describe in their book Switch: How to Change Things When Change is Hard, we are rational beings with a “Rider” that logically analyzes our surroundings. Our Rider tries to direct our emotional side, “the Elephant.” Although we like to think our Rider is in control at all times, in truth,…

ADR, Developing the Field, Dispute Resolution, Future of mediation, India, Negotiation, Promoting Mediation

(Peacekeeping and Conflict Resolution Team), (V M Salgaocar College of Law), and (Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

For many student mediators across the globe, the start of the new year will bring the final stages of their preparation for two mediation competitions. Next week, the Lex Infinitum competition will be held at V. M. Salgaocar College of Law, Goa, followed, in February, by the ICC Mediation Week in Paris. Now in its…

Conflict, Dispute Resolution, Future of mediation, insider and outsider mediators, Mediation Practice, Negotiation, peace negotiations

(Bill Marsh Mediator)/ /2 Comments

Over the Christmas break, I had the pleasure of reading Ken Newell’s memoirs, “Captured by a Vision”. Ken was (until his retirement some years ago) a Presbyterian Church minister in Northern Ireland who, out of deeply held conviction arising out of his Christian faith, played a central role in bringing together representatives of both sides…

Conflict, Creativity, Decision making, Dispute Resolution, Impasse, Negotiation

(Core Solutions Group)/ /Leave a comment

James Robertson’s novel ‘To be continued…’ introduces us to a character who goes by the name of Mungo Forth Mungo. Mungo is somewhat far fetched, not least because he is a talking toad. In this capacity he engages in many thoughtful and reflective conversations with the main character in the book – Murray Findhorn Elder…

Commercial Mediation, Decision making, Dispute Resolution, Future of mediation, Joint Sessions, Lawyers, lawyers in mediation, mediated settlement agreement, Mediation Agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Promoting Mediation, Scotland, Settlement Agreements, shuttle mediation, Stages of mediation, Success in mediation, Tips, Transformation, Understanding mediation

(Core Solutions Group)/ /Leave a comment

A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had exchanged correspondence deprecating perceived personal insults directed at professional advisers which, it was felt, had damaged reputations. This was a long-running commercial…

Business, Decision making, Dispute Resolution, Future of mediation, Negotiation, Online Dispute Resolution (ODR), Online Mediation

(Mediar360 - Dispute Resolution )/ /Leave a comment

Artificial Intelligence (AI) is unquestionable one of the hottest topics at the moment. At the 2017 International Bar Association Annual Congress, that has just ended in Australia, one of the most recurrent and discussed question was: Will Artificial Intelligence ever be able to replace lawyers or the Law practice as we currently know ? Before…

Community Mediation, Developing the Field, Dispute Resolution, Mediation and Society, Mediation Users/Clients, Negotiation, Neuroscience, Promoting Mediation, Public Policy, Reform, Scotland

(Core Solutions Group)/ /3 Comments

So much to blog about this month. We had a really great time in Edinburgh with Ken Cloke recently. Ken kindly agreed to be our first Patron for Collaborative Scotland.  We held an event in the Scottish Parliament for leaders of civic Scotland and a number of members of the Scottish Parliament, many of whom,…

Brexit, Europe, Negotiation, Tactics

(University of Strathclyde)/ /1 Comment

Negotiation teachers often scratch their heads looking for scenarios to engage students – something realistic, complex and with high enough stakes to motivate participants. Recently it came to me that we in the UK are sitting on a negotiation goldmine. The Brexit negotiations are certainly real, arguably the most complex we’ve ever undertaken and have…

Cognitive Bias, Communication, Conflict, Decision making, Dialogue, Dispute Resolution, Mediation Practice, Negotiation, Neuroscience

(Core Solutions Group)/ /Leave a comment

The story of the blindfolded men who each approach an elephant from different angles (at the tusk it’s described as a spear, at the tail a rope, at the leg a tree etc.) is a good example of how multiple truths can exist depending on the perspective you take. Different views can often be the…

ADR, Communication, Creativity, Dispute Resolution, Efficiency, Language, mediated settlement agreement, Negotiation, Stages of mediation, War Stories

(FORARB/Charles University)/ /1 Comment

The parties left my office much later in the afternoon than I would have foreseen in the morning. As I was accompanying them to the exit, the package was already attending me on the front desk: It was the very typewriter I am now writing this blog on. As I was unpacking it, I was…