There is an old debate in mediation circles about the qualifications (formal and informal) that mediators need to mediate, and what specialist knowledge they are expected to have. In some countries, mediators are required to be qualified lawyers – so that the legislator has answered at least one of the questions in this old debate…
We Australians love sport in general and cricket in particular. Unless you have been living in a cave, with no access to any media reporting whatsoever, you will know that the Australian cricket team is under a cloud. Saturday March 24th 2018 was the third day of the third cricket test between Australia and South…
The old guy smiled. His old Corsican eyes showed some understanding…: “How much do you have?” -“I have a ten euro bill and we are leaving tomorrow…” – “OK, boy, deal…but no receipt, right?” Not understanding the shadow economy at the time, I accepted without knowing why is he not willing to give me a…
While the Brexit saga continues to make headlines around the world, the international mediation community should not forget to keep an eye on recent major developments in the field of ADR. The Civil Justice Council’s ADR working group has released its much anticipated final report on the use of ADR within the civil justice system…
This entry is an ongoing series focused on using Neuro-Linguistic Programming in our practice of amicable dispute resolution. For ease of reference and the convenience of readers, I will list in this and subsequent entries the series and links to it. 1. A Neuro-Linguist’s Toolbox – A Starting Point and Building Rapport 2. A Neuro-Linguist’s…
It was a phrase I’d imagined silently echoing in the minds of parties, co-mediators and solicitors, but this was the only time I had heard it vocalized. It was uttered during one of my first coordinator roles in the civil courts of Scotland, where my role was to inform and promote the services of the…
On first of January 2019, Jair Bolsonaro became Brazil’s 38th President. After years of economic, political and even a social crisis in Brazil, the right wing politician has the mission of unifying the country after the most polarized elections in our history. Similarly to what is happening in other parts of the world, the new…
On August 20, 1940, in Mexico City, Ramon Mercader drove and ice-axe into the skull of Leon Trotsky, ending the life of one of the most ruthless revolutionaries of the twentieth century. Mercader, it was discovered much later, acted on the orders of Joseph Stalin another of the century’s most ruthless leaders. The path that…
As mediators, we walk a delicate line between acknowledging and valuing the realities of the past and the present, with all the dysfunction and failings which have contributed to the conflict, and focusing on the present and the future with the opportunities they present to shape something new. Both are important, neither can be short-changed….
The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the present dispute, the outcome of which was not known to the present parties. In the mediator’s view, it had…
