Understanding mediation

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, History of mediation, Judges as mediators, Lawyers, lawyers in mediation, Litigation, Mandatory mediation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Training, Settlement Agreements, Standards, Training, Understanding mediation, user perspectives

(Strategic Resolution) and (University of New South Wales)/ /1 Comment

                                                        In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…

Commercial Mediation, Community Mediation, Developing the Field, Dispute Resolution, Family Mediation, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Practice, mediation traditions, Mindset, Negotiation, Stages of mediation, The role of the mediator, Uncategorized, Understanding mediation

(University of Strathclyde)/ /14 Comments
Lawyer making opening statement in mediation

“The world is made, not found.” (W Barnet Pearce) I had been a mediator for about 10 years before I heard parties’ initial words described as their “opening statement.” This may surprise some readers, though probably not if they began, like me, in family mediation, nor community or workplace. Other descriptions are available, as our…

Court Procedure and Litigation, Developing the Field, Future of mediation, Legal Issues, Mandatory mediation, Mediation Outcomes, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Policy, Practical Challenges for Mediators, Public Policy, Uncategorized, Understanding mediation

(University of Strathclyde)/ /13 Comments
Graffiti commenting on truth and its usefulness today

I started mediating in my early 30s, surely old enough to know the difference between truth and fiction. Yet after a couple of years I began to say, first to myself then to my friends, that the concept of truth was ‘no longer useful’ in my work. What did I mean and how did I…

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

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…

Commercial Mediation, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, SIDRA Survey, Singapore, Singapore Convention on Mediation, Surveys, Understanding mediation, user perspectives

, (Singapore International Dispute Resolution Academy)/ /Leave a comment

This is part 2 of a 3 part blog series highlighting select findsings from the SIDRA Survey 2020. To read Part 1, click here. The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international commercial dispute resolution. Through an examination…

Developing the Field, Economics, Efficiency, Environmental Mediation, Future of mediation, Leadership, Mediation and Society, Mediation Practice, mediation process, Negotiation, Online Dispute Resolution (ODR), Online Mediation, Promoting Mediation, Scotland, The role of the mediator, Understanding mediation

(Core Solutions Group)/ /10 Comments

“The ground is so wet; it wasn’t like this in the past. We can’t get started on this year’s soil preparation.” In a recent mediation involving farmers, this was the response to my early inquiry about how things were going, generally. These days, I find that the topic of climate change and its effects arises,…

Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Legal Issues, Mediation Outcomes, mediation process, Promoting Mediation, Research, Scotland, Uncategorized, Understanding mediation

(University of Strathclyde)/ /2 Comments
Stop apologising

(This blog is adapted from a longer version published by Prof John Lande as part of Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement. The Theory of Change symposium asked mediators and scholars to think big about their dreams and visions for the future, and was recently published on…

Experience, Flexibility, Mediation Practice, mediation process, Neutrality, Philosophy, Skills, The role of the mediator, Tips, Understanding mediation

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

I was first introduced to Kluwer Mediation Blog by Professor Joel Lee of the National University of Singapore when he shared “A Mediator’s Prayer” in his July 2014 blog entry. Joel is no stranger here. He is not only a prominent mediator but also a Chinese martial arts master. Joel practises and teaches Wing Chun –…

Apology, Community Mediation, Conflict, Developing the Field, Dialogue, Fear, Mediation and Society, Promoting Mediation, Understanding mediation

(Bond & Bond Mediation / University of Wildau )/ /1 Comment

Mediators should speak up confidently for mediation. In this post I will consider some reasons why this might be difficult, and others why it is so necessary. It is not only that mediation is not sufficiently known. It can also be intimidating, and it is our job to explain it. Shortly after I had finished…