In theory, we expect the parties’ opening statements to be swift, persuasive and forceful. At least, this is what I teach my students in ADR classes. In my mediation room, sadly, this occurs rather sporadically. The communication at the table is, unfortunately, not faultless. I guess every mediator has witnessed long, ambiguous monologue instead of…
‘The world is made, not found’ (W. Barnett Pearce) (1) I just spent an intensive weekend on Zoom with my students, helping them navigate their early steps into mediation practice. So much has changed. I have never met most of them face to face; we sit at home on our screens; there are no coffee…
Just recently (November 4th), hackers attacked Brazil’s Superior Court of Justice (Superior Tribunal de Justiça – STJ). Not only they had access to the Court’s system and encrypted its entire database but also demanded ransom money to restore it. In other words, they succeeded in hacking one of the most centralized courts in the Brazilian…
I blogged recently on the importance in mediation of not forgetting what is happening in the other room. It’s an easy mistake to make. Here’s another one that is easy to make. “Assumed motivation”. A lot of stuff happens both in conflicts and the process of their resolution. Things are said and done by each…
Last week I was interviewed by the communications specialist whose role is to develop a communications strategy for Mediators Association of Georgia. By interviewing mediators, he wanted to get a feel and inspiration which would help him work out an efficient strategy of communication on mediation. One of the first questions he asked was something…
In 2015, I retired as an American law professor. For most of my career, I used some of the basic concepts of our field such as negotiation, BATNA, positional vs. interest-based negotiation, and facilitative vs. evaluative mediation. I wasn’t always comfortable with these terms, but I used them because I couldn’t imagine shifting to alternatives….
Homo sapiens, the wise human being, must now learn from its mistakes and live up to its name. We who are alive today have the formidable task of making sure that our species does so.” David Attenborough, A Life on Our Planet Looking back at John Sturrock’s post from February which suggested a World Mediators…
Sometimes I wonder what the facilitation and mediation work I do is all about. By which I mean what purpose does it perform for clients. What is it that they are asking for from me, and what is it that they actually get? Do they always really want what they are ostensibly asking for? Do…
Under Section 68 of the New South Wales Retail Leases Act, and in other Australian jurisdictions, parties to a commercial lease dispute may not sue until the applicant has obtained a certificate that mediation has failed to resolve the dispute or the court is otherwise satisfied that mediation is unlikely to do so. In response…
Interest is growing in the use of mediation for investor-state disputes. Recent webinars on investor-state mediation (including SIDRA’s recent webinar) have explored ICSID’s new investor-state mediation rules, the role of the Singapore Convention for investor-state mediation and the need for further domestic legislation on mediation. Discussions at these virtual conferences have also emphasised the importance…
