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ADR, Brazil, Commercial Mediation, Consumer conciliation, crisis negotiatons, Dispute Resolution, South America, Technology, Uncategorized

(Mediar360 - Dispute Resolution ) and (FGV Mediacao)/ /1 Comment

Just recently (November 4th), hackers attacked Brazil’s Superior Court of Justice (Superior Tribunal de Justiça – STJ). Not only they had access to the Court’s system and encrypted its entire database but also demanded ransom money to restore it. In other words, they succeeded in hacking one of the most centralized courts in the Brazilian…

Commercial Mediation, COVID-19, Uncategorized

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Under Section 68 of the New South Wales Retail Leases Act, and in other Australian jurisdictions, parties to a commercial lease dispute may not sue until the applicant has obtained a certificate that mediation has failed to resolve the dispute or the court is otherwise satisfied that mediation is unlikely to do so. In response…

Business, Communication, Cooperation, Creativity, Dialogue, Economics, Mediation and Society, Partnering, Policy, Trust, Uncategorized

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Might we get better results in many of the tasks we undertake if we gave more thought to the way we do things before focusing too early on what to do?  As mediators we know that spending sufficient time on the process of problem solving and negotiation pays dividends in terms of the content. There are…

Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation Practice, Neuroscience, Personal Development, Practical Challenges for Mediators, Reflective Practice, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /4 Comments

The process of discerning what to write about in a blog is interesting. Sometimes inspiration comes quickly. On other occasions, there is a barren wilderness, or a hotchpotch of half-formed ideas. This month feels like the last of these. I thought to write about a really excellent new book by the Oxford economists, Paul Collier…

Developing the Field, Experience, Instinct, Intuition, mediation models, Mediation Practice, mediation process, mediation traditions, Neutrality, Practical Challenges for Mediators, Scotland, Stages of mediation, The role of the mediator, Uncategorized, Understanding mediation

(University of Strathclyde)/ /2 Comments

I wrote this piece for Strathclyde Mediation Clinic after a series of conversations with new and learner mediators. Some surprised me with their passivity in the face of parties’ lack of knowledge or understanding. After some probing I learned that many new mediators recognise the problem but believe the model they were taught prohibits them…

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(University of New South Wales)/ /2 Comments

Students make wonderful teachers. Some of the ‘aha’ moments I value most have come from debriefing de-identified mediation challenges (particularly the most painful ones) with my class – listening and learning as they unpick my stories of ‘successes’ and ‘failures’. It is a gift I look forward to receiving with each new group of students….

Developing the Field, Intuition, Mediation Practice, mediation process, Online Mediation, Practical Challenges for Mediators, The role of the mediator, Tips, Uncategorized

(University of Strathclyde)/ /10 Comments
The importance of gaze

‘Because you’re distant, forgive me for being a little bit bossy’ (Paddy O’Connell, BBC Radio 4’s Broadcasting House) After plying their trade for a while mediators (and broadcasters) develop a persona, not so much bolted on as inhabited. Once in ‘the chair,’ voice, posture and gestures all coalesce to support their purpose and, with minimal…

ADR, Brazil, Commercial Mediation, Consumer conciliation, Dispute Resolution, Uncategorized

(Mediar360 - Dispute Resolution ) and (FGV Mediacao)/ /Leave a comment

Following up on a series of posts initiated last March associated to the Brazilian General Data Protection Act, the following article is co-authored by Gustavo Carneiro, a dear friend and expert on the subject matter. The Brazilian General Data Protection Act, which will come into force next August, sets up principles, duties and rights to…

Litigation, Mediation and Society, Mediation Outcomes, mediation traditions, Promoting Mediation, Reflective Practice, Scotland, Success in mediation, The role of the mediator, Uncategorized

(Core Solutions Group)/ /1 Comment

One of the positive aspects of the enforced changes brought about by lockdown is that it enables – or compels – us to try new things. So far, I’ve learned how to create and have issued 13 podcasts, the idea being to spread ideas as widely as possible at this crucial time. After much procrastination,…

Appointment of Mediators, Co-mediation, Commercial Mediation, Developing the Field, Discrimination, Experience, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation and Society, mediation as a career, Mentoring, Personal Development, Practical Challenges for Mediators, Scotland, Uncategorized, Young Mediators

(University of Strathclyde)/ /3 Comments
Do Black Lives Matter

“Racially discriminatory behavior may be reduced more effectively when racial issues are made salient rather than ignored or obscured.” (1) This week I’ve been thinking about white privilege. Ok, my white privilege. Like much of the planet I was horrified by the casual, almost routine asphyxiation of George Floyd. I wasn’t surprised by protest and…