Practical Challenges for Mediators

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…

General, Mediation Practice, Practical Challenges for Mediators

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

I recently had the opportunity to co-facilitate a training workshop with Tom Schaub of CMPartners and re-acquainted myself with a model of challenges that face leaders today. This is a model that was created by Ronald Heifezt and is captured in the book “Leadership Without Easy Answers”. I don’t pretend to be an expert on…

Causes of Conflict, Commercial Mediation, Communication, Conflict, Decision making, Developing the Field, Dispute Resolution, Future of mediation, General, Governments/Public Sector, Impasse, Interests, Mediation Practice, Negotiation, Practical Challenges for Mediators, Public Policy, Scotland, Transformation, Uncategorized

(Core Solutions Group)/ /1 Comment

John Nash died this week, in a tragic car accident. John Nash was the Nobel-prize winning mathematician whose theory of non-cooperative games published in 1950 has been described as one of the top ten ideas in economics in the 20th century. His theory introduced and explored the concept of what is known as Nash equilibrium….

Communication, conlfict coaching, Mediation Practice, Mediation Users/Clients, Practical Challenges for Mediators, Social intelligence

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This blog entry arises not so much from any mediation, but from one aspect of regular social encounters that is all too normal a part of negotiation and mediation. As the title suggests, it’s about the role of inquiry, asking questions – not merely gathering information, but going beyond that in the expression of interest…

Causes of Conflict, Conflict, Developing the Field, Instinct, mediation as a career, Mediation Practice, Practical Challenges for Mediators, Scotland, Skills, Tips, Uncategorized, Understanding mediation

(University of Strathclyde)/ /Leave a comment

(This is the final part of a keynote address to the YMCA Conference “From Reactions to Relations” in Burton on Trent on 20 November 2014.) Having considered what we can’t help noticing about our clients and about conflict I now turn to the tricky business of self-knowledge: what has our unique perspective at the heart…

ADR, ADR Clauses, Clients, Commercial Mediation, Confidentiality and Transparency, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Lawyers, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Act, Mediation Agreement, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Policy, Practical Challenges for Mediators, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Trade, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the mediation of my clients matter conducted? Say your client is a multinational corporation doing business with numerous organizations around the globe. Your…

Appointment of Mediators, Availability of Mediators, Bias, Commercial Mediation, Dispute Resolution, Future of mediation, Gender, General, Practical Challenges for Mediators

(Bill Marsh Mediator)/ /14 Comments

This is a blog I have shied away from writing. Several times. Even now, as I do so, I am wary of it. But here goes. I’ll come right out with it. Very few women feature on the lists of “top” commercial mediators. This year’s Who Who Legal World’s Top Ten features precisely….none. Seriously? Come…

Commercial Mediation, Deal Mediation, Dispute Resolution, Employment, Ethics, Europe, Family Mediation, Future of mediation, General, Governments/Public Sector, Greece, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Interests, Ireland, Joint Sessions, Language, Lawyers, Legal Issues, mediation as a career, Mediation Lawyering, mediation models, Mediation Outcomes, Mediation Practice, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Neuroscience, Nigeria, Particular Sectors (e.g. Construction, Banking, etc.), peace negotiations, Planning, Policy, Practical Challenges for Mediators, Public Policy, Reform, Scotland, Settlement Agreements, Skills, Sport, Stages of mediation, Standards, Success in mediation, Switzerland, Tactics, Transformation, Trust, UN and International Organizations, Uncategorized, Understanding mediation, Workplace

(Core Solutions Group)/ /1 Comment

I was all set to write about climate change and, more particularly, to reflect on some excellent writing on that subject which addresses so-called climate change sceptics or deniers. It seems to me that there is much to be learned about the motivations and psychology which affect such people and which can easily be read…

Communication, Mediation Practice, Practical Challenges for Mediators

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In their article, “The Collaboration Imperative” [Harvard Business Review, April 2014, p. 77], authors Nidumolu, Ellison, Whalen and Billman note that “business collaboration is the great oxymoron of corporate sustainability. Countless efforts by companies to work together to tackle the most complex challenges facing our world today – including climate change, resource depletion, and ecosystem…