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…
“All of humanity’s problems stem from [one’s] inability to sit quietly in a room alone.” – Blaise Pascal, Pensées We have done a lot of walking in recent weeks. As we approach the end of the extended “Level 4” of the Covid-19 lockdown in New Zealand, we look forward to only slightly lifted restrictions on…
I have been thinking about some aspects of listening recently. For quite a long while I have been listening to myself, trying to work out where I stand on the skill of listening, its use and its limits professionally in mediation, conflict management, and coaching, and privately, and also on my own needs to be…
In his recent Kluwer Mediation Blog “Is Zoom good enough for mediation?” Rick Weiler notes the recent security concerns that have been expressed regarding Zoom. He has set out a very useful list of tips for using the Zoom platform for mediation as safely as possible. Another platform well worth considering is MODRON Spaces. Developed…
If not “Covid-19”, then “Home Office” is going to be the topic of the year 2020. Apart from our family management skills, home office work first and foremost challenges our ability to communicate via long-distance means. Even before the pandemic, the increased awareness towards climate change had led to initiatives for a more intensive use…
Are agreements to mediate enforceable? The short (and incomplete) answer is: yes, they may be provided they are drafted appropriately. In this post we review a recent English judgment which sets outs guidelines for the enforceability of agreements to mediate under English law. In August 2019, the Technology and Construction Court of the Queen’s Bench…
Setting On the virtual veranda; sipping Introduction Adi: Hello Margaret. How are you in these interesting times?. Marg: I am well, thank you Adi. How are you? Adi: I’m finding I have a slower pace and what I think is higher productivity. Marg: I have been reflecting on our discussion about mediation and interests, as…
