Skills

Confidentiality, Court Procedure and Litigation, Enforcement, Legal Issues, Legislation, Mediation Practice, Mediation Skills, Mediator liability, Mediators’ Conduct, Practical Challenges for Mediators, Regulation

(Strategic Resolution)/ /Leave a comment

The recent post by Ting-Kwok IU examined the Hong Kong Ordinance designed to protect children from abuse and to protect some professionals (excluding mediators) for reporting such abuse. This has put me in mind of section 316  of the New South Wales Crimes Act, which makes it a crime for an adult who fails, without…

Australia, Cognitive Bias, Communication, Cross-cultural, Experience, Gender, Mediation Skills, Mediation wisdom, Mindset

(University of New South Wales)/ /1 Comment

It is no secret that the time I spent studying and working with the Harvard Program on Negotiation (PON) was the start of a love affair that has endured.The material from Fisher and Ury’s ‘Getting to Yes’, which evolved into the Seven Elements, is constantly useful as a strategic thinking tool. Addressing my group of…

Book Review, Business, Cooperation, Economics, Go to the balcony, Mediation and Society, Policy, Public Policy

(Core Solutions Group)/ /Leave a comment

In their recent book ‘Power and Progress’ Daron Acemoglu and Simon Johnson analyse technological progress over the course of human history. They conclude that technological advances tend to initially benefit a fairly narrow elite before countervailing societal pressures and political developments result in a fairer distribution of the benefits of this progress. Their survey of…

Arbitration, Med-Arb Clauses, Mediation Agreement, Mediation Contract Clause, Promoting Mediation, Settlement Agreements, Skills

(CMS)/ /Leave a comment

The ICC Commission on Arbitration and ADR has published an interesting report on “Facilitating Settlement in International Arbitration” (“Report”), which provides guidance on the effective use of mediation within arbitration proceedings, as well as on other manners of facilitating settlement by arbitrators. The ICC has been promoting mediation – within the framework of its mainstream…

Creativity, Decision making, Humorous Pieces, Improvisation, Instinct, Interests, Intuition, Mediation Outcomes, mediation process, Negotiation, Skills, Tips

(Strategic Resolution)/ /2 Comments

  As long ago as 1981, in the very first edition of Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher and William Ury proposed the following novel negotiation method:   separate the people from the problem focus on interests, not positions invent options for mutual gain and insist on using objective criteria. Later…

Business, Communication, Cooperation, Creativity, Cross-cultural, Dialogue, Economics, Mediation and Society, Skills, Stages of mediation

(Core Solutions Group)/ /Leave a comment

Neuroscientist Hannah Critchlow’s latest book ‘Joined-up Thinking – The science of collective intelligence’ makes the case that the range and complexity of the challenges that face us a  species require an even greater focus on working together to harness our intelligence in its broadest sense. She argues that even though our success as a species…

Mediation, mediation as a career, Mediation Practice, Mediation Skills, Mediation wisdom

(Kwok, Ng & Chan, Solicitors & Notaries)/ /3 Comments

In 2006, the Hong Kong Government introduced a scheme that marriages can be officiated by civil celebrants at a time and a venue chosen by the couple. Since then, I have been practising as a civil celebrant along with my other areas of practice. At the time of becoming a civil celebrant, I thought officiating…

General, Language, Mediation Skills, Neuro-Linguistic Programming, NLP, Perception, Personal Development, Skills

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

For readers who are new, the “Neuro-Linguist’s Toolbox” series is an ongoing series focused on using Neuro-Linguistic Programming (NLP) in our practice of amicable dispute resolution. The first section focused on rapport (the first of which can be found here). The second section focuses on matters of self-care and personal improvement for mediators (the first…

Brazil, Conflict, Dialogue, Dispute Resolution, Mediation Skills

(Mediar360 - Dispute Resolution )/ /1 Comment

This month´s article was written together with Emmanuela Cipriano, University Professor and Doctoral Student at the University of Fortaleza, Collaborative Lawyer and Conflict Mediator Talking about a Culture of Peace nowadays is a challenge and implementing a culture of peace in different spaces is essential to reduce the escalation of conflicts, we are faced with…

Causes of Conflict, Communication, Conflict, Cooperation, Creativity, Dialogue, Economics, Interests, Mediation Practice, Negotiation, Skills, Uncategorized

(Core Solutions Group)/ /1 Comment

I recently had the pleasure of taking part in a workshop led by William Ury in which small teams of participants were invited to apply his BB3 framework to challenging situations they were confronting. BB3 brings together a number of ideas and approaches that Ury has contributed to the field of mediation and negotiation over…