Art, Communication, conlfict coaching, Dialogue, Framing, Language, Leadership, Mediation Practice, mediation process, Mentoring, Personal Development, Scotland, Skills, Stories, The role of the mediator, Uncategorized

(Core Solutions Group)/ /Leave a comment

Every now and again something happens to cause me to pause and think – or re-think. Recently, I had that experience at a small ruined castle in the heart of Scotland, near a lovely country town called Edzell. Edzell Castle, visited by, among others, Mary Queen of Scots and her son, King James VI of…

ADR, Arbitration, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Mandatory mediation, Mediation Act, Mediation Institutions and Rules, mediation process, Mediation Schemes (In Courts, etc.), Policy, Scotland, Uncategorized

(University of Strathclyde)/ /11 Comments
Shows forms of dispute resolution and the thick line between mediation and arbitration

Law students are probably familiar with a diagram like the one above. It arranges different ways of resolving disputes according to how much say parties have in the outcome. Much as Felstiner and colleagues (1) famously described disputes being transformed into court cases through ‘naming, blaming and claiming,’ this graphic illustrates a parallel transformation in…

ADR, Litigation, Mandatory mediation, Mediation and Society, Mediation Institutions and Rules, mediation models, Mediation Practice, Uncategorized

(Strategic Resolution)/ /Leave a comment

On July 12, 2021 the UK Civil Justice Council published its Report on Compulsory ADR . It considered first whether parties to a civil dispute in England and Wales may be compelled to participate in an ADR process. As to this question, it will be recalled that, in the Court of Appeal decision in Halsey…

Creativity, Developing the Field, General, Peer Coaching, Training, Young Mediators

(National University of Singapore, Faculty of Law)/ /1 Comment

I have in previous entries (July 2012 and July 2013) written about a peer mediation initiative called the Peacemakers Conference. The purpose of the Peacemakers Conference is to teach 13-16 year olds how to resolve conflicts amicably in a workshop cum competition format. This year’s Peacemakers Conference was held from 22 to 24 June 2021….

ADR, Brazil, Business, Dispute Resolution, Mediation, Uncategorized

(Mediar360 - Dispute Resolution ) and (Independent Lawyer)/ /Leave a comment

As the pandemic evolves in our days, similarly to a great majority of countries worldwide, we need urgent and inevitable shifts in behavioral patterns and cultural paradigms in Brazil as well. An average of 80 million cases reflects a traditional approach to judicialization of everyday life issues among Brazilians and a huge burden for our…

ADR Agreements, Commercial Mediation, Conciliation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Mediation and Society, Mediation Institutions and Rules, mediation models, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), National Mediation Laws, Uncategorized

(Bruce Greig, Civil and Commercial Mediator)/ /Leave a comment

Less than you might think, according to Sir Geoffrey Vos, the newly-appointed Master of the Rolls. The Master of the Rolls is responsible for the administration of civil justice in England & Wales. Sir Geoffrey was sworn in to this post in January 2021. He has spoken several times since then about his vision for…

lawyers in mediation, Mediation Lawyering, Mediation Reforms (Legislation, etc.), Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, United States

(Strategic Resolution)/ /Leave a comment

Good Faith is part of the Mediator’s mantra. Our opening addresses are full of it and it is something we regularly remind parties and their lawyers is an important element in rebuilding fractured relationships and achieving durable resolution. But sometimes it becomes obvious that Good Faith is missing in action. A very useful new article…

Developing the Field, Mediation Reforms (Legislation, etc.), Public Policy, Reform, Success in mediation

(ADR Center Romania)/ /Leave a comment

I wonder how many countries have public institutions that usually use mediation services to resolve disputes in which they are parties. I am not referring primarily to disputes between investors and states, but to any dispute where a public institution is a party that eventually reaches litigation with high financial costs, even and in situations…

Causes of Conflict, Cognitive Bias, Creativity, Cross-cultural, Dialogue, Economics, Framing, Language, Mediation Practice, The role of the mediator, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

Erisology has been defined as the study of disagreement – where people are no closer to understanding each other at the end of an exchange than they were at the beginning. Sound familiar? Eris was the Greek goddess of discord.  The term was been coined by John Nerst, a blogger in Sweden, who is interested in…

Conventional wisdom, Decision making, Evaluative Mediation, Improvisation, Intuition, mediation models, Mediation Practice, mediation process, Mindset, Practical Challenges for Mediators, Reflective Practice, Tactics, The role of the mediator

(University of Missouri Center for the Study of Dispute Resolution)/ /Leave a comment

I was puzzled to get an email from a mediator thanking me for my recent post, which advocated using a unified conceptual framework of unbundled mediation interventions. The puzzling part was that she wrote that it helped to “validate my theory that ‘bundling’ of mediation models can be appropriate and effective in the right case…