Communication, Conventional wisdom, Cross-cultural, Developing the Field, mediation process, Online Mediation, Personal Development

/ /5 Comments

“For last year’s words belong to last year’s language; And next year’s words await another voice. And to make an end is to make a beginning.” T S Eliot, The Four Quartets, “Little Gidding” “Perhaps the most terrible (or wonderful) thing that can happen to an imaginative youth, aside from the curse (or blessing) of…

Dispute Resolution, Judges as mediators, Mediation Practice, Standards, The role of the mediator, Training

(Strategic Resolution)/ /5 Comments

In the words of the late Sir Laurence Street, former Chief Justice of New South Wales (1974-1988) and subsequently Australia’s leading mediator: “A court that makes available a judge or a registrar to conduct a true mediation is forsaking a fundamental precept upon which public confidence in the integrity and impartiality of the court system…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Law, International Mediation, Promoting Mediation, Singapore Convention on Mediation, UNCITRAL

(Office of the Ombudsman for United Nations Funds and Programmes )/ /Leave a comment

The success of international arbitration, among others, is owed to the New York Convention, which provided tools for global enforcement of arbitral awards. To that end, international mediation has been underused often because of the lack of necessary international enforcement mechanisms of mediated settlement agreements. The Singapore Convention on Enforcement of Mediated Settlement Agreements (Singapore…

Bias, Cognitive Bias, Creativity, Decision making, Framing, Japan, Personal Development, Reflective Practice

(Core Solutions Group)/ /Leave a comment

A recent visit to Japan coincided with the inauguration of the new Emperor Naruhito and the start of what has been designated as the ‘Reiwa’ era. This is officially translated as beautiful harmony, although other interpretations have also mentioned order and control! At the ceremony to mark his ascension to the Chrysanthemum Throne the new…

Research

(Weiler ADR Inc.)/ /1 Comment

Let’s talk some more about mediation research. To recap, in his February 2019 post to this Blog, Michael Leathes argued for the need for more field-based research into mediation. He asked, “What if a vast range of mediation skills and techniques could be radically improved by new data derived from large-scale national and international field…

ADR, Brexit, Developing the Field, Dispute Resolution, Future of mediation, Impasse, Mediation and Society, Negotiation

(Core Solutions Group)/ /Leave a comment

“In negotiations of all kinds, the greater your capacity for empathy – the more carefully you try to understand all of the other side’s motivations, interests and constraints – the more options you tend to have for potentially resolving the dispute or deadlock.” These are wise words from negotiation guru, Deepak Malhotra of Harvard Business…

Brexit, Cognitive Bias, Dispute Resolution, Europe, Negotiation

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

I am sorry for writing about Brexit again here. It is not as if Brexit matters that much. To readers of this blog outside of Europe perhaps not all. But I cannot resist it. I was thinking about writing about the Beatles and The Rolling Stones – arguably equally as UK-centric as Brexit. Well, I…

ADR, Community Mediation, Developing the Field, Dispute Resolution, Future of mediation, Promoting Mediation, Public Policy, Reform, Research, Technology

(University of New South Wales)/ /2 Comments
Australia, Research

National Mediation Conferences are important events. Apart from the great opportunities to network with fellow professionals there is the really important opportunity to see the intersection of research and practice at work. Last month’s Australia’s National Mediation Conference did not disappoint. For me the highlight was becoming acquainted with a bold Australian initiative sponsored by…