You’re mediating an insurance matter. The angry and cynical male plaintiff wails, “They’re insulting me with this offer! But, what else should I expect from a f*****g insurance company!?” The “seen it all before” plaintiff’s lawyer wearily closes her laptop. “That’s it!”, she says. “We’re outta here unless you go back and get us a…
When I first started getting seriously interested in mediation over ten years ago, the thought struck me that ‘Shades of Grey’ might be a good name for an organisation involved in this field. Thankfully, given a subsequent publication and film, I didn’t pursue it any further – although if I’d registered the domain name it…
A recent experience as co-mediator for the Italy China Business Mediation Centre (a mediation centre jointly run by the Milan Chamber of Arbitration and CCPIT Mediation Centre) with a CCPIT (The China Council for the Promotion of International Trade) mediator from China in a commercial dispute between a Chinese company and an Italian company, has…
“The last great act of a courageous leader is to let go,” I suggested to the CEO as he pondered whether this was in fact a good time to step down. He had many reasons not to leave. He attributed these to other people’s needs for a good transition, giving him a decent send-off, planning…
“I hold to the idea that civility, understood as the willingness to engage in public discourse, is the first virtue of citizens.” Mark Kingwell, The World We Want: Restoring Citizenship in a Fractured Age, [Rowman & Littlefield, 2000] A recent email from a US-based group that specialises in facilitating public dialogues in difficult cases noted…
Mediation can be seen as a tool that facilitates better decision-making, particularly in disputes, but not only. The simple tools are focusing on interests, looking for common ground and mutual understanding, creating options that might satisfy many interests, and then weighing up those options to reach a decision. These tools are very simple in theory,…
Students make the best teachers. They don’t know what is not possible and so they take us to ideas and possibilities outside the frame. My students just gave me another great lesson. Arriving for the final class of the semester, I discovered the outline of a body on the classroom floor. The class assignment was…
In one of my recent cases, the question of impartiality appeared in quite an irregular way. It happened when I entered the mediation room where both parties were seated together with their lawyers. They were drinking coffee and making small talk. To my surprise, one of the lawyers looked quite familiar. Just for a moment,…
Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that their words could be used against them when revealed to an outsider to the mediation process, such as a judge in a court or…
These are heady days in international mediation circles. A panel discussion earlier this summer at an UNCITRAL conference entitled “Feel the Earth Move – Shifts in the International Dispute Resolution Landscape,” dedicated largely to mediation, captures the sentiment. Reasons for the excitement include the approval of a draft of the UNCITRAL treaty for enforcing mediated…
