Bias, Cognitive Bias, Communication, General, Language, Neuro-Linguistic Programming, NLP, Perception, Skills

(National University of Singapore, Faculty of Law)/ /2 Comments

For readers who are new, the “Neuro-Linguist’s Toolbox” series is an ongoing series focused on using Neuro-Linguistic Programming (NLP) in our practice of amicable dispute resolution. The first section focused on rapport (the first of which can be found here). The second section focuses on matters of self-care and personal improvement for mediators (the first…

Communication, Conflict, COVID-19, Dialogue, Dispute Resolution, Future of mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

Currently, Brazil is the second country with the highest number of cases of Burnout Syndrome. This syndrome (which was even included in the International Classification of Diseases of the World Health Organization in 2019) is defined as “emotional exhaustion”, and its main symptoms are related to anxiety and depression, a very common situation in today’s…

Future of mediation, Lawyers, Leaders, Mediation Practice, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /2 Comments

Some time ago, in these pages, I proposed the World Mediators’ Alliance on Climate Change. Out of that initiative grew the Mediators’ Green Pledge. Out of that we hope to see a supportive corporate pledge and a conference at the time of COP26 in November. More on that later. This month, I’d like to float…

ADR, Community Mediation, Developing the Field, International commercial mediation, Mediation Practice, Mediation Training, Promoting Mediation

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

For me, one of the benefits of our new online world has been an increase in opportunities to get to work with people over distance, without having to travel that distance. While I have not physically left an area within a radius of some 60 kilometres since early 2020, I feel connected around the world,…

ICC Mediation Competition, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Success in mediation, The role of the mediator

(Strategic Resolution)/ /Leave a comment

I was delighted to be approached to collaborate on this post by Dima Alexandrova, mediator and attorney-at-Law, founder of AdimaLaw practice in Sofia Bulgaria. She has experience in the ICC Paris and other competitions both as a participant, judge and coach. She has some interesting ideas to assist students in such competitions to make best…

ADR, Arbitration, cross-border mediation, ICSID, International commercial mediation, Investor-state mediation, Reform, SIDRA Survey, Singapore Convention on Mediation, UNCITRAL

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

Slowly but surely the dispute resolution landscape is shifting for investment related disputes. More than half the respondents to the International Dispute Resolution Survey published by the Singapore International Dispute Resolution Academy (SIDRA) last year indicated that they have been involved in an investor-state dispute between 2016 and 2018. And, it is of course no…

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…

Cognitive Bias, Communication, Cross-cultural, International Mediation, Mediation and Society, Neuroscience, Trust, user perspectives

(Core Solutions Group)/ /1 Comment

In recent years we have learned a lot more about what have become known as cognitive biases and how they may play a part in negotiation and mediation. These are mental shortcuts that save energy and get us out of tight spots that have evolved over thousands of years. Well over a hundred have been…

Commercial Mediation, Community Mediation, Decision making, Evaluative Mediation, Family Mediation, International commercial mediation, lawyers in mediation, mediation models, Mediation Practice, mediation process, Reflective Practice

(University of Missouri Center for the Study of Dispute Resolution)/ /1 Comment

A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientiations including a facilitative-evaluative dimension.  Despite critiques of this framework, including by Riskin himself, many mediators, trainers, and teachers still use these concepts as mediation models, expressing strong feelings that one model is good and the other is bad. These…

Below the line, Clients, Conflict, Cross-cultural, Dialogue, Experience, Fear, General, Language, Lawyers and Psychologists, Mediation Lawyering, Mediation Practice, Mediators’ Conduct, Mindset, Mistakes, Neutrality, omnipartiality in mediation, Perception, Practical Challenges for Mediators, Reflective Practice, Transformation, user perspectives

(Bill Marsh Mediator)/ /1 Comment

I am not really one for elevator pitches. But I did hear one the other day about creating impact in a very short space of time, and I was struck by its relevance to mediation. Essentially, the message was that the people we meet make up their minds about us based on two key criteria,…