Developing the Field, Intuition, Mediation Practice, mediation process, Online Mediation, Practical Challenges for Mediators, The role of the mediator, Tips, Uncategorized

(University of Strathclyde)/ /10 Comments
The importance of gaze

‘Because you’re distant, forgive me for being a little bit bossy’ (Paddy O’Connell, BBC Radio 4’s Broadcasting House) After plying their trade for a while mediators (and broadcasters) develop a persona, not so much bolted on as inhabited. Once in ‘the chair,’ voice, posture and gestures all coalesce to support their purpose and, with minimal…

ADR, Brazil, Commercial Mediation, Consumer conciliation, Dispute Resolution, Uncategorized

(Mediar360 - Dispute Resolution ) and (FGV Mediacao)/ /Leave a comment

Following up on a series of posts initiated last March associated to the Brazilian General Data Protection Act, the following article is co-authored by Gustavo Carneiro, a dear friend and expert on the subject matter. The Brazilian General Data Protection Act, which will come into force next August, sets up principles, duties and rights to…

Litigation, Mediation and Society, Mediation Outcomes, mediation traditions, Promoting Mediation, Reflective Practice, Scotland, Success in mediation, The role of the mediator, Uncategorized

(Core Solutions Group)/ /1 Comment

One of the positive aspects of the enforced changes brought about by lockdown is that it enables – or compels – us to try new things. So far, I’ve learned how to create and have issued 13 podcasts, the idea being to spread ideas as widely as possible at this crucial time. After much procrastination,…

Civil rights, Communication, Conflict, Dialogue, Online Dispute Resolution (ODR), Online Mediation

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

“The greatest single antidote to violence is conversation, speaking our fears, listening to the fears of others, and in that sharing of vulnerabilities discovering the genesis of hope. . . Conversation – respectful, engaged, reciprocal, calling forth some of our greatest powers of empathy and understanding – is the moral form of a world governed…

Communication, Dialogue, Feedback, Flexibility, Online Mediation, Webinar

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

Paul Watzlawick’s well-known axiom “you cannot not communicate” has taken on a new relevance in recent months. It means that silence and other non-verbal behaviour are just as much a form of communication as what people say. We cannot switch the communication channel off, at least not if it is analogue – meaning continuous. Take…

ADR, Commercial Mediation, Court Procedure and Litigation, COVID-19, Developing the Field, Dispute Resolution, Domestic Courts, European Law, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Mandatory mediation, Mediation Reforms (Legislation, etc.), Reform

(Strategic Resolution)/ /Leave a comment

The impact of the COVID-19 pandemic on the administration of justice has led to commendable judicial innovation, such as the use of virtual hearings, while much of the workload has been postponed until the resumption of face to face hearings is declared safe. In a message to judges in the UK Civil and Family Courts…

Appointment of Mediators, Co-mediation, Commercial Mediation, Developing the Field, Discrimination, Experience, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation and Society, mediation as a career, Mentoring, Personal Development, Practical Challenges for Mediators, Scotland, Uncategorized, Young Mediators

(University of Strathclyde)/ /3 Comments
Do Black Lives Matter

“Racially discriminatory behavior may be reduced more effectively when racial issues are made salient rather than ignored or obscured.” (1) This week I’ve been thinking about white privilege. Ok, my white privilege. Like much of the planet I was horrified by the casual, almost routine asphyxiation of George Floyd. I wasn’t surprised by protest and…

COVID-19, Dialogue, Economics, Growth of the Field (Challenges, New Sectors, etc.), Mediation and Society, Public Policy, Uncategorized

(Core Solutions Group)/ /1 Comment

“Value will change in the post-covid world. On one level, that’s obvious: valuations in global financial markets have imploded, with many suffering their sharpest declines in decades. More fundamentally, the traditional drivers of value have been shaken, new ones will gain prominence, and there’s a possibility that the gulf between what markets value and what people…

Confidentiality, Conventional wisdom, Creativity, Experience, Flexibility, Hong Kong, mediation as a career, Mediation Practice, Role of Mediator, Skills

(Kwok, Ng & Chan, Solicitors & Notaries)/ /1 Comment

Those who have practised theatre may have heard of Constantin Stanislavski’s “An Actor Prepares” – a book on acting published in 1936. The book is popular in Hong Kong not only among those in the performing art but also fans of the Asia famous Hong Kong comedian,  Stephen Chow, who posed to be reading the…

Commercial Mediation, COVID-19, Developing the Field, Georgia, Growth of the Field (Challenges, New Sectors, etc.), Mediation and Society, Mediation Practice

(Resolve / New Vision University)/ /1 Comment

Crises by the name COVID19 has caused disruption in many areas of life, which could and often is the source of tensions and disputes. It was therefore natural throughout this period to be hearing calls and hopes for cooperation as well as calls for embracing mediation. Indeed, if there is wrong time to play the…