ADR, Australia, Civil rights, Commercial Mediation, Conflict, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Due Process, Experience, Future of mediation, History of mediation, Legal Issues, Legal Practice, Legislation, Litigation, Mandatory mediation, Mediation Lawyering, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Negotiation, Promoting Mediation, Regulation, Understanding mediation

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Mediation has long been used as a method of resolving disputes. Indeed, the practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic Egypt[1]. In his paper “Varieties of Dispute Processing”, presented to the 1976 Pound Conference, Harvard Professor Frank E.A. Sander proposed that, instead of…

Business, Cooperation, Economics, Framing, Public Policy, Scotland

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

Reframing is an important part of the mediator’s toolkit. It can help parties look at things from a different perspective to broaden their understanding and it can help put offers and options in a different light to aid resolution. The importance of reframing was highlighted at a recent workshop led by academics from the Universities…

ADR, Commercial Mediation, Communication, Conciliation, Creativity, Dispute Resolution, General, Mediation Practice

(Kwok, Ng & Chan, Solicitors & Notaries)/ /2 Comments

Do you like this pair of cufflinks? This blog post is my sharing on how I had managed to purchase this pair of cufflinks in Melbourne.   I had taken a break in late October to travel to Melbourne to see my son who is doing a master’s degree there. On 26 October 2023, we…

Conflict, Developing the Field, Gender, mediation as a career, Mediation Practice, Mediation Training, Personal Development, Uncategorized, Values and attributes of a mediator

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Research
Three people negotiating at a table

Soon after I started mediating, a client said “This must be a really satisfying job, when it’s successful.” I remember thinking it’s really satisfying even when it isn’t. This was my first glimpse of a question that has fascinated me ever since: what makes mediators tick? Why would anyone place themselves in midst of other…

Australia, Cognitive Bias, Communication, Cross-cultural, Experience, Gender, Mediation Skills, Mediation wisdom, Mindset

(University of New South Wales)/ /1 Comment

It is no secret that the time I spent studying and working with the Harvard Program on Negotiation (PON) was the start of a love affair that has endured.The material from Fisher and Ury’s ‘Getting to Yes’, which evolved into the Seven Elements, is constantly useful as a strategic thinking tool. Addressing my group of…

Uncategorized

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In the realm of mediation, the path to resolving conflicts is multifaceted, requiring a mediator to navigate not only the external disputes but also their inner world. This intricate dance often calls for self-awareness, an understanding of personal biases, and a steadfast emotional equilibrium. In our exploration of these facets, we find a source of…

Australia, Domestic Courts, Mandatory mediation

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In a previous blog in 2018 , I commented on how Australian courts have approached their statutory power to order parties into mediation with or without their consent. In the recent case of Aversa v Transport for New South Wales (No 2)  the judge had to decide whether to order mediation in a case involving…

Book Review, Business, Cooperation, Economics, Go to the balcony, Mediation and Society, Policy, Public Policy

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

In their recent book ‘Power and Progress’ Daron Acemoglu and Simon Johnson analyse technological progress over the course of human history. They conclude that technological advances tend to initially benefit a fairly narrow elite before countervailing societal pressures and political developments result in a fairer distribution of the benefits of this progress. Their survey of…

Evaluative Mediation, Impasse, Interests, Mediation, Mediation Practice, Mediation wisdom

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On 31 August 2023, I spoke at the Maxwell Chambers of Singapore on “Facilitative and Evaluative Models of Mediation: Is the Distinction Still Meaningful or Simply Arcane Semantics? Is it time to bring Evaluative Mediation out of the Shadows” as one of the panel speakers. I am very grateful to the moderator Ms Eunice Chua…

ADR, Developing the Field, Ethics, Experience, Future of mediation

(University of New South Wales)/ /4 Comments

Dispute resolution competitions are a rich learning space for students. My 15+ years coaching teams from my university to compete internationally were a rich experience for me and I enjoy continuing opportunities to be part of the competition community nationally and internationally. It has also been my great good fortune to observe and judge hundreds…