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ADR, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Opt-Out, Promoting Mediation, Research, Scotland, Uncategorized, United States

(University of Strathclyde)/ /2 Comments

(This is a ‘letter to self’ about court ADR research sent from the American Bar Association Dispute Resolution Conference, San Francisco, April 2017.) Do Litigants Know Their Options? It’s always fascinating to come to a country where mediation is business as usual. There are some downsides to this, but the upside that immediately strikes a…

Art, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Uncategorized

(Core Solutions Group)/ /Leave a comment

It was fifty years ago at the end of May that the Beatles launched the album (or LP as it was then called) “Sergeant Pepper’s Lonely Hearts Club Band” on the world – and the world was changed forever. 1967 was quite a year. It was the “Summer of Love”. Revolution was in the air…

Australia, Developing the Field, Ethics, Future of mediation, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Neutrality, Uncategorized, Understanding mediation, Workplace Mediation

(University of Strathclyde)/ /4 Comments

Have you ever wondered who mediators are helping? The parties, obviously! Well, not so obvious to our critics. In this blog I consider worries about mediation’s approach to manifest injustice before making the case for understanding the mediator as co-creator, with the parties, of outcomes. I argue that co-creation enhances the prospects for justice. Stories…

Lawyers, Legal Practice, Mediation Practice, Skills, Uncategorized

(ADR Center Romania)/ /4 Comments

Speaking recently with a lawyer friend about the way that mediation is impacting the traditional justice mechanisms, I was happy to observe more openness towards ADR than the usual “allergy to it”, yet the honest reply included “[…] unfortunately, not only lawyers can provide mediation services, and this will hurt the quality”. Of course, this…

Co-mediation, Community Mediation, mediation as a career, Mediation Practice, memory, Mentoring, Non-violent communication, Reflective practise, Speediation, Stories, Tips, Uncategorized, Young Mediators

(Mediator & peace seeker)/ /6 Comments
Young Mediators Initiative (YMI)

Do you remember mediating your first mediation? In this blog I share my early mediation experiences, calling upon the veterans amongst you to travel down memory lane and rummage around in all those dusty, nostalgic moments. I invite you to share them with those of us who are yet to slay that first mediation dragon…

Co-mediation, Cross-cultural, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), lawyers in mediation, Mediation Lawyering, Mediation Practice, Negotiation, Promoting Mediation, Scotland, Training, Uncategorized

(University of Strathclyde)/
Students demonstrating cooperation

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together; with negative linkage, if the other sinks, you swim, and if the other swims, you sink.”[1]Cooperation and Competition. In M. Deutsch, P. T. Coleman, & E….

Brexit, Mediation Practice, mediation process, Mediators’ Conduct, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /3 Comments

I am at my desk, an hour after the conclusion of a really fascinating event here in Edinburgh, in which my colleague, Charlie Woods, and I acted as mediators in a simulation of a mediated process involving 10 delegations representing different interests in the current Brexit negotiations. With over 50 participants, allocated randomly to one…

Game Theory, History of mediation, mediation as a career, mediation models, Mediation Practice, mediation process, Mediators’ Conduct, Perception, Philosophy, Practical Challenges for Mediators, Promoting Mediation, Scotland, Uncategorized

(Core Solutions Group)/ /Leave a comment

“Doubt is not a pleasant condition but certainty is an absurd one.” These words of Voltaire are as apt today as they were when he wrote them in the 18th century. I don’t know about you but this year seems to be a curious mixture where some people purport to deal in apparent certainties, which…

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(Daphné d'Hennezel Mediation)/ /3 Comments
Young Mediators Initiative (YMI)

We all know how difficult it is for newly-trained mediators to gain practical exposure in this field, where competency is so heavily based on one’s breadth and depth of experience. The next few generations of mediators need experienced mediators to help them break the “chicken vs. egg” cycle so they can gain initial experience, hone…