Earlier this month, Charlie Irvine, a mediator based in Glasgow, wrote one of the best essays I’ve read in a good long while on the taboo subject of mistakes in mediation practice. He spoke eloquently of the educational role that mistakes can play in our professional development, and lamented the absence of examples of these…
Mediators often talk about the power of framing their own language and reframing the language of parties and others in mediation settings. For example, mediators may frame their comments in neutral, constructive and future-focused language. They may reframe party statements to detoxify offensive or destructive language or to create a shift from the negative to…
Since I was invited to contribute to Kluwer´s Mediation Blog I decided to follow the line of writing about all the possibilities of mediation in the corporate Brazilian market. This month would not be different. I invested a lot of time chasing data and information about the uses of mediation in the Intellectual Property sector….
“Thank God for the last minute; otherwise nothing would ever happen.” This old saying rolls through my mind as I sit to type this on my iPad in the departures lounge at Toronto’s Billy Bishop Airport located on the island just opposite the heart of this great city. My blog post is due at midnight…
The first mediation course is a special moment that each of us holds in our hearts and it represents the foundation of every mediator. The transformational process that we all go through during our training as mediators is materialized by the change in our attitude towards conflict and how to solve them. When we go…
Femi, a guru at brokering transactions recently got caught with the mediation bug and decided it was a path he would like to thread in his professional sojourn. Immediately he picked up some books and read up material on mediation after which he boasted to me that given his transactional experience and acumen, mediation would…
The Problem with Conventional Wisdom in Negotiation Conventional wisdom in negotiation provides specific responses to stimuli that are categorized as competitive or cooperative behavior. Depending on the identity of the behavior, the negotiator is taught to distribute a set value through a series of moves and concessions, or create value through ideas and transformative behavior….
I was fortunate to have been in Belfast, Northern Ireland for the International Negotiation Competition for Law Students hosted by Queen’s University. This is a competition that is run every year where students from law schools all over the world meet to negotiate simulations where they represent clients in deal-making or dispute-resolving contexts. As part…
Professions (and hence professionals) are both blessed and cursed with high expectations. The upside is clear: the public expects high standards, expertise and care, and in return is prepared to pay handsomely. The downside typically involves disciplinary sanctions against those not measuring up to those standards, although issues of probity rather than competence tend to…
Finally, after a long parliamentary struggle, the German Mediation Act (Gesetz zur Förderung der Mediation und anderer Verfahren der außergerichtlichen Konfliktbeilegung) was signed into law by the President of the Federal Republic (Bundespräsident) on July 21, 2012. Four days later it was published in the Federal Gazette (Bundesgesetzblatt) BGBl. I, 2012, S. 1577, and came…
