In mediation training and experience are key words that path the way to success. Good mediators must learn to be conscious of their own emotions and to be aware of the emotional reactions of mediation participants to intervene effectively in a conflict. When starting a mediation career one could believe that access to training and…
A significant motivation for businesses to choose mediation in labor disputes is the hope that mediation works fast and so will provide clarity within a short time frame. This then, is mediation’s propagation. Of course, the short time frame is only a correct “advertising-argument” to a certain extent. Mediation can be extremely short. My shortest…
I recently had three mediations in a row that failed to reach settlement. After a couple of days contemplating running away with the circus and other lateral career moves, I started focussing on what I might have done differently and what might yet be done to advance resolution. Counsel and parties look for perseverance in…
The Central Valley of California, known for its good weather and rich soil, is considered the breadbasket of the country. The many people who live in this agricultural community work hard. They know that the literal fruits of their labors feed people, and are proud of their role in society. They are strong believers in…
I would like to focus this blog entry on a recent development of Singapore relating to agreements to agree/negotiate in good faith and some of the practical consequences that can arise from this case. In the English common law, the traditional position has been that an agreement to agree or an agreement to negotiate was…
Mediation is often portrayed as a useful vehicle for disputes between equals, where parties can be expected to speak for themselves and neither has significant power over the other. Critics, and even supporters, become more sceptical when it comes to less symmetrical situations. Complaints against professionals are one such category. The professional is seen to…
In this posting I want to reflect on how, as a mediator, I’ve learnt much from the related but independent conflict management process, called conflict coaching. Before I get ahead of myself, however, let me start by offering an explanation of conflict coaching. Conflict coaching is a service provided by a conflict specialist to a…
(Foreign) investor – (host) State disputes are for many reasons an intriguing and fast developing part of legal and dispute resolution practice. Since the late 1990s, the number of such disputes has increased sharply: In 1997, 19 known cases were brought against states. By 2007, there were over 250 known cases, and more than 450…
We mediators need to market our wares, just like the fruiterer at my local Sunday Farmers’ Market when he calls out prices from behind his stall. Increasingly some mediators are choosing to do this by the numbers – advertising how many mediations they have completed and what level of success they have achieved. For instance, this…
Problems, disagreements, differences and conflicts encountered in the workplace, when left unresolved, may affect the health of Employees and impact the productivity of the Organization or Company. For Employees, this may harm their health, have adverse consequences to their family and social life, provoke reactions of withdrawal and isolation, result in a depressive state expressed…
