Commercial Mediation, Mediation Practice, Mediation Users/Clients, Personal Development, Skills, Workplace Mediation

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

In this blogpost, I interview Alesia Ehrhardt on the uses of mediation in business and start-ups, and on her success as a coach at the recent IBA-VIAC International CDRC Mediation and Negotiation Competition. Alesia studied at Technical University of Applied Sciences Wildau, Germany, where she participated in several courses I taught. You are a “venture…

ADR, Book Review, Business, Cooperation, Dispute Resolution, Economics

(University of New South Wales)/ /1 Comment

Attending Harvard’s Program on Negotiation has been life and career changing for many of us – influencing careers in negotiation, mediation and coaching amongst others. ‘Getting to Yes’, first published in 1981 (and never out of print since) was the text accompanying the program, and I read it from cover to cover. I missed the…

Conflict, Cooperation, crisis negotiatons, Dialogue, Economics, Game Theory, Governments/Public Sector, International Mediation, Mediation and Society, Public Policy, Uncategorized

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“Humanity has outsmarted itself. With its ingenuity, this tribal ape has created a world its tribalism can’t manage. We know this…But the knowledge is not enough.” So began Martin Wolf in a recent article in the Financial Times following a meeting of the finance ministers of the G20 – one of the institutions created to improve…

Costs in Mediation, Decision making, Interests, Lawyers, lawyers in mediation, Legal Issues, Legal Practice, Mediation Lawyering, Negotiation, Tactics, Trial Value

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

While it is obvious that law is significant in legal disputes, how the law is used is not so obvious. This piece uses Oliver Wendell Holmes’s famous definition of the law as “prophecies of what the courts will do in fact,” rather than rules expressed in statutes, case law etc. It discusses two aspects of…

ADR, Arbitration, COVID-19, eBRAM, Hong Kong, Mediation, Online Mediation, Technology

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

Conducting mediation and arbitration meetings by remote means is not new to mediators, arbitrators, and practitioners. In the wake of the COVID-19 pandemic, in-person meetings have been replaced with video teleconference. Remote or virtual participation in mediation sessions, arbitration hearings, and even court trials become a new normal. Founded in 2018, eBRAM International Online Dispute…

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

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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…