Why does impasse occur in mediation? In my experience as a commercial mediator, impasse most often flows from a combination of cognitive biases and flawed risk assessments. Cognitive Biases The human mind works in mysterious ways. Research in psychology and economic behaviour continues to uncover myriad ways in which the mind deviates from norms or…
Charlie Irvine in his recent Kluwer blog (Mediation Values: Still Searching) suggested it is our values that determine what we do or say in a mediation rather than any techniques we learn as mediators. Charlie gives a mediation example where the husband wanted to claim his full pension as part of the division of assets….
Law of Georgia on Mediation was adopted by the Parliament of Georgia on September 18, 2019 with 93 votes in favor and 0 against. A little over a month before adoption of the Law, on August 7, Georgia signed the Singapore Mediation Convention, being one of few countries from the region, or even the continent,…
Some ten days ago I was cycling down a path near my home, minding my own business. On one side of the path there is a row of bushes and behind them a high cemetery wall, while the other side is made up of a lawn and about ten metres further back a row of…
Mediation is certainly featuring in the international news right now. This week Giuseppe De Palo posted an enthusiastic message about workplace conflict resolution. He congratulated the Office of the Ombudsman for UN Funds and Programmes as it prepares to establish a world-wide panel of mediators to make mediation “the first, natural step to take in…
Is this yet another case in which New York is setting global trends? By the end of the year, the state courts in New York are due to have a system in place requiring that civil and commercial disputes be resolved through presumptive mediation. “Presumptive mediation” means an “automatic”, pre-trial, statewide program of court-sponsored ADR….
On 2 August 2019 the “3rd Asia Pacific Conference, Singapore Convention on Mediation: Strategies of China, Japan, Korea and Russia” was held in Seoul, Republic of Korea (Korea). The Conference centred on the Singapore Convention on Mediation [1] United Nations Convention on International Setlement Agreements Resulting from Mediation 2019 (UN, New York) (Singapore Convention), with…
I have been looking into matters of self-care and personal improvement for mediators recently and was surprised to find that, even though there has been some writing on this, there isn’t a lot. So, I would like to focus my next section of blog entries in the “Neuro-Linguist’s Toolbox” series. For readers who are new,…
I am very happy to share with all of you that on October 28 – 30 I will take part on the 2019 International ODR Forum, in Williamsburg, Virginia, USA, with some of the most outstanding ODR’s thought leaders as Colin Rule, Paul Embley, Daniel Rainey, Ethan Katsh and Orna Rabinovich-Einy, among others. I will…
A recent decision in the Ontario Superior Court arising from a mediated settlement agreement reminds mediators and lawyers alike that settlement agreements are contracts like any others and will not easily be set aside. The case also leads one to ponder an interesting ethical issue for mediators. Jamie Kearns (Kearns) was a long-time employee of…
