Argument, Below the line, Bias, Brexit, caucus, Cognitive Bias, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Ethics, Fear, General, Impasse, Instinct, Interests, Intuition, Joint Sessions, Leaders, Leadership, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Non-violent communication, Patience, Perception, Practical Challenges for Mediators, Reflective Practice, shuttle mediation, Skills, Status, Success in mediation, Tactics, Teamwork, The role of the mediator, Tips, Transformation

(Bill Marsh Mediator)/ /4 Comments

One of the privileges of mediating is to watch leaders at work. Every party, every team, has its leader(s). And as any mediator will tell you, the way in which they choose to lead during a mediation – and more widely during the conflict or dispute itself – has a significant impact on the outcome;…

Communication, Ethics, Legal Practice, Online Dispute Resolution (ODR), Online Mediation, Technology

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

(This post is being republished due to technical issues when it was first published.) “I see contemporary patterns of disputing as an adaptive (but not necessarily optimal) response to a set of changing conditions. There have been great changes in the social production of injuries as a result of, among other things, the increased power…

Decision making, Developing the Field, Future of mediation, Mediation Practice, Public Policy, Reflective Practice, Scotland, The role of the mediator

(Core Solutions Group)/ /Leave a comment

My last blog reflected on an excellent mediation conference in Frankfurt on the Oder where the strength which comes from working together was clear. I started this present blog on the day that the EU agreed the terms of the UK’s departure from the organisation that has been such a significant part of Europe’s post-second…

Communication, Dialogue, Personal Development, Reflective Practice, Trust, Workplace Mediation

(Bond & Bond Mediation / University of Wildau )/ /1 Comment

Over recent years I have been fortunate to be able to travel widely for work, and everywhere I go I find time to visit places of worship and sit quietly or attend services – in mosques, churches, synagogues and temples. I listen, either to the silence, to my thoughts, or to the ritual. Recently I…

Creativity, Developing the Field, Dispute Resolution, Negotiation, Peer Coaching, Reflective Practice

(University of New South Wales)/ /Leave a comment

Picture: Derek Gavey / Creative Commons A man walks into a bar …… I have to work quickly now because I can visualise readers reaching for the delete button. That’s because my six words have quickly taken you to an already constructed narrative. Before hitting delete there was probably a sigh; an eye roll and…

ADR, Business, Disclosure, Due Process, Europe, European Law

(FORARB/Charles University)/ /Leave a comment

In the house of a poor man, a lizard was accustomed to come to the table and thereby kept himself alive on crumbs. During this time, everything went well with both the animal and the host whose fortune grew. When the farmer became rich, he became angry at the beast. One morning, he wounded it…

Europe, International Courts, Legal Issues, Legislation, Mandatory mediation, Mediation Reforms (Legislation, etc.), Opt-Out, Regulation

(CMS)/ /2 Comments

There are many well-known arguments for and against mandatory mediation. Neither of the two camps of its proponents and opponents appear willing to surrender. However, some recent developments signal that the proponents are now gaining the upper hand. While in the past mandatory mediation schemes were typical for some (but not all) of the common-law…

Dispute Resolution, Domestic Courts, Enforcement, Enforcement of a Mediation Clause, Legal Issues, mediated settlement agreement, Mediation Outcomes, Mediation Practice, mediation process, Set Aside a Mediated Agreement, Settlement Agreements, Singapore, Uncategorized

, (Singapore International Dispute Resolution Academy)/ /1 Comment

In October, we reported on a recent case from the Singapore High Court: Chan Gek Yong v Violet Netto. In that post, we examined the High Court’s attitude towards parties who have had a change of heart after agreeing to conclude a Mediated Settlement Agreement (‘MSA’) and wish to challenge its validity. Last month we…

Developing the Field, Dispute Resolution, Europe, Future of mediation, Public Policy

(ADR Center Romania) and (Pro Pact Mediation Association)/ /Leave a comment

At present, the project called “Mediation-Effective Public Policy in the Civil Dialogue” aims to explore options for a public policy in Romania in the field of mediation. The project is funded by the European Union under the Operational Program Administrative Capacity 2014-2020, Priority Axis 1 – Public Administration and Efficient Judicial System, Component 1 –…

ADR, Communication, Dialogue, Dispute Resolution, Negotiation, Non-violent communication, Online Dispute Resolution (ODR), Online Mediation

(Mediar360 - Dispute Resolution )/ /Leave a comment

Online negotiators are often faced with the challenge of how to overcome barriers on communication. When in real life (or better, when in non digital life) body language, voice tone and appearance enrich the communication process giving more tools for both communicators to express and understand the message, therefore making any negotiation more fluid and…