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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…

Cognitive Bias, Confidentiality and Transparency, Disclosure, Dispute Resolution, Ethics, Impasse, Uncategorized

(ADR Center Romania)/ /Leave a comment

This post was prepared in cooperation with Bogdan Matei. Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality is affected, a conflict of interest appears. It is well known that when a conflict of interests appears, in respect to the ethical rules…

Accreditation, Appointment of Mediators, Co-mediation, conlfict coaching, International Mediation, mediation as a career, Mediation Institutions and Rules, Mentoring, Training, Uncategorized, Young Mediators

(MCiArb, Mediator and Co-founder of YMI)/

Wherever we look, there is a variety of articles, blogs, keynotes and workshop topics all talking about the necessity to develop future leaders, understand the next generation(s) and attract the right talents. The mediation profession is no exception. With this article, I am encouraging every reader to actively develop and shape the future generation of…

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(FORARB/Charles University)/ /1 Comment

“Three-to-one that we will smash you in the court…” said a lawyer self-confidently. He was sitting in my mediation room and his client, a party to a neighborhood mediation, was obviously happy with having him chosen. The conservatively dressed young lady representing the counter-party hit back at him: “You must be kidding me! You will…

Apology, Causes of Conflict, Communication, Creativity, Dispute Resolution, Guitar, Humorous Pieces, Mediation Practice, Negotiation, Scotland, Tips, Uncategorized

(Core Solutions Group)/ /2 Comments

‘Tis the season to be merry. And indulgent. ‘Tis also the season when favourite songs are compiled by well-meaning souls into apparently themed collections. In the UK, we have a long-running radio show called “Desert Island Discs” in which celebrities and others select their favourite pieces of music as they reminisce about their lives. The…

ADR, Communication, Conflict, Decision making, Humorous Pieces, Neuroscience, Online Dispute Resolution (ODR), Online Mediation, Skills, Tactics, Tips, Uncategorized, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /5 Comments

To the extent that a mediator’s job involves listening to people complain and engage in negative behaviour, mediators face a serious mental health hazard. Research shows that listening to ongoing negativity impairs the brain function of the listener. Yes! Listening can be bad for you if you have a whinging party in the room, and…

Conflict, Developing the Field, Family Mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation process, mediation traditions, Scotland, Uncategorized

(University of Strathclyde)/ /2 Comments

“Patients don’t expect doctors to be perfect. They do expect them to strive for perfection by opening up their work to scrutiny” Atul Gawande, Desert Island Discs, BBC Radio 4, 6/12/15. A bit of a treat for me last week, when four of my favourite academics came to Edinburgh. They were keynotes at Mediate Scotland…