Argument, Below the line, Clients, Commercial Mediation, Communication, Cooperation, Decision making, Dispute Resolution, Experience, Flexibility, Gender, Joint Sessions, Mediation Lawyering, Mediation Practice, mediation process, Mediation Users/Clients, Mediation with Teams, Mindset, shuttle mediation, Trust, Uncategorized

(Bill Marsh Mediator)/ /8 Comments

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…

COVID-19, Neuroscience, Philosophy, Reflective Practice, Skills, Trust

(Peacekeeping and Conflict Resolution Team)/ /9 Comments

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…

COVID-19, Future of mediation, Mediation and Society, Policy, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /3 Comments

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…

Causes of Conflict, Communication, Cooperation, COVID-19, General, Negotiation, Social intelligence

/ /4 Comments

“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…

Book Review, Communication, Dialogue, Mediation Practice, Skills

(Bond & Bond Mediation / University of Wildau )/ /6 Comments

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…

Commercial Mediation, Communication, Mediation Practice, Online Dispute Resolution (ODR), Online Mediation

(Strategic Resolution)/ /2 Comments

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…

Commercial Mediation, Communication, Conflict, COVID-19

(Hoffmann Eitle )/ /Leave a comment

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…

ADR Clauses, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of an ADR Clause, Europe, Legal Issues, Legal Practice, Med-Arb Clauses, Mediation Agreement

, (Singapore International Dispute Resolution Academy)/ /Leave a comment

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…

Interests, mediation process, Quality, Success in mediation, Uncategorized

(ADR Center Romania) and (Halsmith Dispute Resolution)/ /2 Comments

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…

Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Singapore Convention on Mediation

(Tahota Law Firm)/ /1 Comment

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”) makes a huge contribution to the success of international arbitration by providing tools for global enforcement of arbitral awards. To that end, international mediation has been underused because of the lack of necessary international enforcement mechanisms of mediated settlement agreements….