Entering into a cathedral or court of law, before listening to the music, the words, or indeed before taking in very much at all, one is generally struck by the architecture of the building, the rising columns, the soaring roof, or just the sense of solemnity the place evokes. There was a reason they were…
When disputants successfully resolve their differences at mediation, it is good practice to record the details of their settlement, with clarity and precision, in the form of a mediated settlement agreement (MSA). Ideally, they should also provide a clause for dispute resolution (for instance, a choice of court, arbitration, mediation or multi-tier dispute resolution agreement),…
Recap: The Alchemy of Mediation, Part 1: actions to outcomes training exercise In this part we explored what little information, context and insight the actions of each of us provide for the other. In our example, it seems that while we were each comfortable with doing what the other did in the morning (the actions),…
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 (with 6 entries) focused on rapport (the first of which can be found here). This second section focuses on matters of self-care and personal improvement for…
Introduction “A great many people think they are thinking when they are merely rearranging their prejudices.” William James Whether as mediators, advisors or parties in dispute, we consider ourselves rational, open minded thinkers. We make decisions in an objective, non-biased fashion, don’t we? Sadly, not often. We are all susceptible to a swarm of cognitive…
Online courses have been around on the internet for decades now. You can learn almost everything you want online, and multiple online learning platforms such as Udemy, Skillshare, Coggno, or Skillwise give you an infinite choice of courses that you can take from the comfort of your home, when you want, and at your own…
Many mediators are finding themselves with a little extra time on their hands during the pandemic. As others on this blog have noted there is a positive aspect to this as we are able to think more often and more deeply about what it is we do, and how we do it and, most importantly,…
Mediation can be an intense experience for parties and their advisers. Often there is a lot on the line. In the substance there may be money, control, reputation, pride. In the process, there are challenges such as influencing other parties, getting the best deal possible, making well-informed judgment calls about risk, developing effective offers, and…
Forced into quarantine due to COVID-19, thousands of miles away from home; I have struggled with silence, but eventually made peace with it, thanks to my Jesuit upbringing. Over a decade ago, as a Jesuit novice, I ventured on a reflective journey called the ‘Spiritual Exercises’ – a month-long retreat that is the hallmark of…
I was privileged recently to give opening remarks at a meeting of mediators in the International Academy of Mediators. The remarks were a reflection on the times we as mediators are living in. I share an adapted version here. “There is no us and them, only us”. These words were uttered here in Edinburgh in…
