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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…

General, Neuroscience, Perception, Practical Challenges for Mediators, Uncategorized, Zen

(National University of Singapore, Faculty of Law)/ /5 Comments

In February 2015, the American Bar Association Section of Dispute Resolution organized and ran the Asia Pacific International Mediation Summit in New Delhi, India. I had the honour of presenting at a number of sessions at the summit and I would like to explore one of those sessions in this month’s entry. I was part…

ADR, Commercial Mediation, Court Procedure and Litigation, Dispute Resolution, Future of mediation, Litigation, mediation as a career, Uncategorized, Young Mediators

(Singapore International Mediation Institute)/ /2 Comments
Young Mediators Initiative (YMI)

When someone asks me to explain what mediation is, I often find it easier to tell them what it is not. Sometimes I will start by asking them if they are familiar with litigation or arbitration, and use those modes of dispute resolution as a point of comparison. I often see workshops and seminars introduce…

Developing the Field, Future of mediation, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Policy, Public Policy, Scotland, Uncategorized

(Core Solutions Group)/ /Leave a comment

In recent weeks, I have had the privilege of mediating and facilitating in different matters with representatives of four governments . On one occasion they were on the same “side”; on another, notionally on different sides. A common theme to emerge was the needs and behaviours of political masters who were not present. The representatives…

ADR, Bias, Cognitive Bias, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, Lawyers, Legislation, Litigation, mediation as a career, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Reform, Scotland, Uncategorized, user perspectives

(University of Strathclyde)/ /Leave a comment

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Legal Issues, Litigation, Mediation Agreement, Mediation Outcomes, Scotland, Settlement Agreements, Uncategorized, Understanding mediation

(University of Strathclyde)/ /7 Comments

Regular readers of this blog will know that I am exercised by the question of justice in mediation. I test the concept on people I meet; responses range from “that’s an interesting idea” to “it has nothing whatever to do with it”. At a conference earlier this year a senior lawyer claimed he could count…

Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), Skills, Training, Uncategorized, UNCITRAL Model Law, Young Mediators

(Mediar360 - Dispute Resolution )/ /Leave a comment

The saying “What Happens in Vegas Stays in Vegas” is one of the most famous taglines in modern tourism, meaning ….. well, you probably know what it means, don’t you ? However, differently from the Vegas perspective, my recent experience in Vienna is one that I definitely want to share with you. In a week…

Argentina, Argument, Clients, Commercial Mediation, Conflict, Corporate Counsel's View, Dispute Resolution, Lawyers, Mediation Lawyering, South America, Success in mediation, Uncategorized

(EGCP S.A.)/ /Leave a comment
Young Mediators Initiative (YMI)

In Buenos Aires, the city where I currently practice mediation, mediation is mandatory before suing the other party. Thanks to this system, I was able to start mediating my first cases right after I was certified. After a few cases, however, I began to realize just how overwhelming it can be when parties’ advocates are…