Neuroscience

Bias, Causes of Conflict, Cognitive Bias, Communication, Decision making, Economics, Framing, Mediation Practice, Neuroscience, Policy, The role of the mediator

(Core Solutions Group / Scottish Universities Insight Institute)/ /2 Comments

Daniel Kahneman, the psychologist who won the Nobel prize for economics, died in March. He described himself as the grandfather of behavioural economics, which provides so many insights into how people perceive the world and take decisions in practice, rather than in the more theoretical, rational world of homo economicus. His book ‘Thinking Fast and…

Decision making, Interests, Mediation and Society, mediation process, Neuroscience, Philosophy, Policy

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

To what extent do we have control over our future? There is a lively debate among philosophers, neuroscientists and others (summarised in an article by Oliver Burkman) about the degree to which free will exists, or whether what happens to us is predetermined by what has gone before. Burkman concludes his article with the reminder that:…

Cognitive Bias, Communication, Cross-cultural, International Mediation, Mediation and Society, Neuroscience, Trust, user perspectives

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

In recent years we have learned a lot more about what have become known as cognitive biases and how they may play a part in negotiation and mediation. These are mental shortcuts that save energy and get us out of tight spots that have evolved over thousands of years. Well over a hundred have been…

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation Practice, Neuroscience, Personal Development, Practical Challenges for Mediators, Reflective Practice, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /4 Comments

The process of discerning what to write about in a blog is interesting. Sometimes inspiration comes quickly. On other occasions, there is a barren wilderness, or a hotchpotch of half-formed ideas. This month feels like the last of these. I thought to write about a really excellent new book by the Oxford economists, Paul Collier…

COVID-19, Neuroscience, Philosophy, Reflective Practice, Skills, Trust

(Peacekeeping and Conflict Resolution Team)/ /9 Comments

Forced into quarantine due to COVID-19, thousands of miles away from home; I have struggled with silence, but eventually made peace with it, thanks to my Jesuit upbringing. Over a decade ago, as a Jesuit novice, I ventured on a reflective journey called the ‘Spiritual Exercises’ – a month-long retreat that is the hallmark of…

Bias, Chinese Literature, Cognitive Bias, Conflict, Mediator's Image, Neuroscience, Promoting Mediation, The role of the mediator

(Kwok, Ng & Chan, Solicitors & Notaries)/ /2 Comments

This is a tale from an ancient piece of Chinese literature – Lu’s Commentaries of History – – compiled in 239 B.C. by Lu Buwei, the Prime Minister of the state of Qin.- “There was once a villager who had lost his hatchet. Thinking it was stolen by his neighbour’s son, Wang, he began observing…

China, COVID-19, Europe, Future of mediation, Leadership, Mediation and Society, Neuroscience, Perception, The role of the mediator

(FORARB/Charles University)/ /Leave a comment

Early in the morning, I got a call from a lawyer representing one of the parties in cross border mediation. “Would you consider changing the venue for our meeting?”, he asked. Usually not a surprising demand. This time an expected one. We were about to meet in Milan, Italy which at the time being had…

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

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“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…

Brexit, Communication, Dialogue, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Neuroscience, Reflective Practice

(NZ Centre for ICT Law & School of Law, Auckland University)/ /4 Comments

Many years ago, a group of friends were driving in the south of England in a rental car and, in need of directions (pre-Google maps and GPS), we pulled over to the side of the road to ask a gentleman the way. I leapt out, approached him and asked for the directions, to which he…