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Commercial Mediation, Community Mediation, Developing the Field, Domestic Courts, Europe, Future of mediation, Mediation Act, Mediation and Society, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Neuroscience, Opt-Out, Promoting Mediation, Public Policy, Reform, Regulation, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /2 Comments

Being a mediator brings surprises along the way. For me, I was presented with what turned out to be the biggest challenge of my professional career last November when the Cabinet Secretary for Health in Scotland appointed me to conduct a review of allegations made by staff (through whistle-blowers) of bullying and harassment in Scotland’s…

Bias, Cognitive Bias, Creativity, Decision making, Framing, Japan, Personal Development, Reflective practise, Uncategorized

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

A recent visit to Japan coincided with the inauguration of the new Emperor Naruhito and the start of what has been designated as the ‘Reiwa’ era. This is officially translated as beautiful harmony, although other interpretations have also mentioned order and control! At the ceremony to mark his ascension to the Chrysanthemum Throne the new…

ADR, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Litigation, Mediation and Society, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), Practical Challenges for Mediators, Scotland, Stories, Uncategorized, Understanding mediation

(University of Strathclyde)/ /1 Comment
Formality and informality

Place matters It’s good to see authors on this blog referencing academic research – see Rick Weiler’s recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas Quek Anderson (1) has got me thinking about the old chestnut of formality and informality. Anderson considers the impact on people and processes of the…

Commercial Mediation, mediation process, Public Policy, Settlement Agreements, Uncategorized

(Weiler ADR Inc.)/ /3 Comments

Does the currently predominant model of commercial mediation – a single session of 3 or 6 hours – support good decision-making by litigants? Some doubt is cast by recent Canadian scholarship dealing with the psychological costs of litigation. In their 2017 paper, Anticipating and Managing the Psychological Costs of Civil Litigation, authors Michaela Keet, Heather…

Bias, Business, Cognitive Bias, Commercial Mediation, Conventional wisdom, Creativity, Decision making, Economics, Intuition, Neuroscience, Uncategorized

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

‘A bird in the hand is worth two in the bush’ is thought to originate from mediaeval falconry! There are a number of variations on the theme – apparently in central Europe the saying is ‘a sparrow in the hand is worth a pigeon on the roof’! A number of cognitive biases are at play…

Clients, Developing the Field, Experience, Feedback, Language, mediation as a career, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Personal Development, Research, Skills, Success in mediation, The role of the mediator, Training, Uncategorized, user perspectives

(University of Strathclyde)/ /4 Comments
good mediation seen through a client's lens

“Like poets, but with less time” The Deep End Getting to grips with mediation can leave students and trainees overwhelmed. That favourite training tool, the roleplay, throws most in at the deep end. The sudden immersion forces them to speak, listen and observe while trying to remember models and skills plus a sea of reading…

Policy, Surveys, Uncategorized

(ADR Center Romania) and (Pro Pact Mediation Association)/ /Leave a comment

With few exceptions, mediation is still used in less than 1% of the cases that are pending in the courts of justice from Romania and of other European Union member states. Public policies and adopted legislative solutions are not capable of generating a culture of dialogue, conflict prevention, or amicable settlement. In this context, the…

Appointment of Mediators, Experience, Legal Issues, Litigation, mediated settlement agreement, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediator liability, Mediators’ Conduct, Set Aside a Mediated Agreement, Settlement Agreements, The role of the mediator, Tips, Uncategorized, War Stories

(Strategic Resolution)/ /Leave a comment

Although infrequent, court cases against mediators are illuminating, helping us avoid being dragged into court ourselves. Here’s an example In Tapoohi v Lewenberg & Ors (No 2) [2003] VSC 410, the Supreme Court of Victoria, Australia, considered it arguable that a mediator owes a duty of care to the disputants. The mediated dispute This was…