Communication, Electronic Sports, Framing, Instinct, Patience, Planning, Preparation, Skills, Tactics, Technology, Young Mediators

(Singapore International Mediation Institute)/ /Leave a comment
Young Mediators Initiative (YMI)

Today I want to talk about why mediators should care about EVO Moment #37. For those of you new to the eSports (“electronic sports”) scene, there is an annual tournament, the Evolution Championship Series (“EVO”), that focuses exclusively on fighting games. Such games typically have players battle each other with unique characters, with the first…

Commercial Mediation, Dispute Resolution Clause, Legislation, Mediation Practice

(ADR Center Romania)/ /Leave a comment

A model dispute resolution clause that can often be found in domestic commercial contracts reads “(1) The parties have agreed that all disagreements regarding this agreement be settled amicably by their representatives.; (2) If it is not possible to resolve disputes amicably, the parties will address the competent courts of law.”. The language of the…

Communication, General, Skills

(National University of Singapore, Faculty of Law)/ /Leave a comment

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…

Decision making, Economics, Game Theory, Mediation Practice, mediation process, Negotiation

(Core Solutions Group)/ /2 Comments

One way of describing mediation is as a process that seeks to convert what is apparently a zero or negative sum game into a positive-sum game. This is to use the language of game theory, which analyses strategies that rational players take to secure the best outcomes in interactive, interdependent ‘games’; where the outcome for…

Appointment of Mediators, Caucus, Commercial Mediation, Deal Mediation, Economics, Ethics, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Improvisation, Joint Sessions, lawyers in mediation, Legal Practice, Mediation Practice, Philosophy, Practical Challenges for Mediators, Promoting Mediation, Public Policy, Quality, Reflective practise

(Weiler ADR Inc.)/ /9 Comments

Troubling trends observed as an Ontario commercial mediator compel me to once again take up my chiclet-keyed sabre. That the following are indeed trends in commercial mediation in Ontario is unsupported by any reliable data – because no one keeps track. No one records. It’s all anecdotal. Still, I’m now closing in on 30 years…

Commercial Mediation, lawyers in mediation, Litigation, Mediation Lawyering, Mediation Practice, mediation process

(Brick Court Chambers / Clifton Chambers)/ /9 Comments

As mediators, we spend much of our time contrasting mediation with, and distancing ourselves from, litigation. Before your eyes glaze over, that is not for this post. Instead, this post draws out one of the many similarities between mediation and litigation, especially when mediating a litigated case. Mediation has, some would say unfortunately, become a more…

caucus, Commercial Mediation, Developing the Field, Experts, General, Joint Sessions, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Practice, mediation process, Mediation Users/Clients, Reflective practise, Scotland, Stages of mediation, The role of the mediator, Understanding mediation

(Core Solutions Group)/ /Leave a comment

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving. I am also aware of how much the clients and others appreciate a creative approach to the…

Apologies, Buddhism, Dialogue, Fear, Transformation

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

In some mediations, I ask myself why people so resolutely retain their anger, their bitterness, or their hurt for such long periods of time. Often mediation takes place only after a conflict has escalated and hardened and been going on for a while, in some cases many years. If feelings of anger and bitterness persist…

ADR, Cognitive Bias, Decision making, Dispute Resolution, Due Process, Ethics, Fear, Lawyers, Negotiation

(FORARB/Charles University)/ /2 Comments

You can get much farther with a kind word and a gun than you can with a kind word alone. Al Capone This popular quote attributed to the famous US mobster announce the use of force and other dirty tricks in negotiation. I do not especially like it. I would relativise it by the following…

ADR, Arbitration, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, Future of mediation, harmonisation of mediation law, International Mediation, mediated settlement agreement, New York Convention, Promoting Mediation, UN and International Organizations, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /Leave a comment

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of international commercial settlement agreements arising from mediation. In the mediation community we often refer to such settlements as (international) mediated settlement agreements…