Practical Challenges for Mediators

Argument, Brexit, Communication, Conventional wisdom, Cross-cultural, Dialogue, Language, Practical Challenges for Mediators

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This is not a really post about Brexit; but then again I do circle some of the themes that earlier post-Brexit Kluwer bloggers have addressed, in a series of thoughtful, passionate and concerned comments. “Brexit” has become, beyond the decision and its fallout, a placekeeper for a range of other concerns, about community, tolerance, dialogue,…

Cognitive Bias, Developing the Field, General, Humorous Pieces, Mentoring, Practical Challenges for Mediators, Young Mediators

(National University of Singapore, Faculty of Law)/ /Leave a comment

There is an Internet meme that goes “Somewhere, there is a 21 year old in a 50 year old’s body going ‘What the hell happened?’”. I try not to think about age generally; and more specifically, my age. In part because I can’t count that high. And if I wanted to count that high, I…

Clients, mediation as a career, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Mistakes, Practical Challenges for Mediators, Success in mediation

(Sabine Walsh Mediation)/ /1 Comment

Another teaching year has ended and the last session’s review and goal setting for the future has thrown up the same questions it does every year, or indeed as does the end of every mediation training course. Many of these start with what if? What if I…do something wrong…make a mess of it…go blank…say the…

cross-border mediation, Cross-cultural, Developing the Field, General, insider and outsider mediators, Practical Challenges for Mediators

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I’ve just returned from a week in Vientiane, the capital of the Lao People’s Democratic Republic, and that week away gives me both a [slight] excuse for a late blog entry and a couple of reflections on the outsider/observer role of both mediator and tourist. I should say, too, at this outset, that this is…

Conventional wisdom, Creativity, Dispute Resolution, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Practical Challenges for Mediators, Scotland, Stages of mediation, Training, Uncategorized

(Core Solutions Group)/ /2 Comments

Three recent mediations in three jurisdictions raised some interesting issues.  Each mediation was different. One involved a claim for professional negligence against a firm of solicitors for (allegedly) incorrectly including an occupied building in the sale of a large piece of land. The sellers were unhappy that many years had elapsed since the transaction, a number of them passing while…

General, Mediation Practice, Practical Challenges for Mediators, Skills

(National University of Singapore, Faculty of Law)/ /4 Comments

Ok. Let me come clean. This is going to be one of my occasional funky entries. To the left-brain, conventional, conservative readers of this blog, please skip this entry. It may only serve to aggravate you and disrupt your structured and certain world. If you are still reading, thank you. This month’s entry is a…

Causes of Conflict, Conflict, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Mediation Practice, Practical Challenges for Mediators, Tips, Training

(University of Strathclyde)/ /Leave a comment

“You cannot direct a living system; you can only disturb it”1 When mediators join a conflict, they enter a living system. Realise it or not, that system is instantly changed by their arrival. Change may be for the better, and we hope our influence is benign, but nothing is the same again. It therefore makes…

General, Neuroscience, Perception, Practical Challenges for Mediators, Uncategorized, Zen

(National University of Singapore, Faculty of Law)/ /5 Comments

In February 2015, the American Bar Association Section of Dispute Resolution organized and ran the Asia Pacific International Mediation Summit in New Delhi, India. I had the honour of presenting at a number of sessions at the summit and I would like to explore one of those sessions in this month’s entry. I was part…

Bias, Causes of Conflict, Cognitive Bias, Communication, Conflict, General, Practical Challenges for Mediators, Trust

(National University of Singapore, Faculty of Law)/ /Leave a comment

It is the beginning of the school term at the Faculty of Law, National University of Singapore, where in this semester, I teach a Negotiation Workshop. In our first class yesterday, we played a pricing game based on the Prisoner’s Dilemma. There are many versions of this pricing game and it essentially introduces participants to…

Communication, Conflict, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Mediation Outcomes, Mediation Practice, Negotiation, Practical Challenges for Mediators, Public Policy, Reform, Scotland, Skills, Transformation, Uncategorized

(Core Solutions Group)/ /1 Comment

This week, I have had the genuine privilege of contributing one of the key note addresses at the Annual Conference of the Arbitrators and Mediators Institute of New Zealand (AMINZ) in Wellington. It has been a terrific conference, superbly organized by the indefatigable Deborah Hart. The standard of the many and diverse sessions has been…