Australia, Developing the Field, Ethics, Future of mediation, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Neutrality, Uncategorized, Understanding mediation, Workplace Mediation

(University of Strathclyde)/ /4 Comments

Have you ever wondered who mediators are helping? The parties, obviously! Well, not so obvious to our critics. In this blog I consider worries about mediation’s approach to manifest injustice before making the case for understanding the mediator as co-creator, with the parties, of outcomes. I argue that co-creation enhances the prospects for justice. Stories…

Lawyers, Legal Practice, Mediation Practice, Skills, Uncategorized

(ADR Center Romania)/ /4 Comments

Speaking recently with a lawyer friend about the way that mediation is impacting the traditional justice mechanisms, I was happy to observe more openness towards ADR than the usual “allergy to it”, yet the honest reply included “[…] unfortunately, not only lawyers can provide mediation services, and this will hurt the quality”. Of course, this…

Co-mediation, Community Mediation, mediation as a career, Mediation Practice, memory, Mentoring, Non-violent communication, Reflective practise, Speediation, Stories, Tips, Uncategorized, Young Mediators

(Mediator & peace seeker)/ /6 Comments
Young Mediators Initiative (YMI)

Do you remember mediating your first mediation? In this blog I share my early mediation experiences, calling upon the veterans amongst you to travel down memory lane and rummage around in all those dusty, nostalgic moments. I invite you to share them with those of us who are yet to slay that first mediation dragon…

Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Regulation

(Serle Court)/ /Leave a comment

What is it about disputes in regulated sectors that make them suited to mediation? Regulated sectors are ripe for disputes. Whether it’s the energy, financial or telecoms sector, there are often incumbent players that own key infrastructure that is essential for delivering services to customers. At the same time new entrants may be vying for…

Brexit, Developing the Field, Dispute Resolution, Game Theory, Negotiation

(Greg Rooney Mediator)/ /Leave a comment

The U.K.’s decision to leave the EU and the voting in of the protectionist Donald Trump to the US presidency has drawn both the UK and the USA into the Nash Trap. U.S. mathematician John Nash (the movie ‘A Beautiful Mind’) postulated that Adam Smith’s declaration that ‘In competition, individual ambition serves the common good’…

Bias, Communication, Conflict, Creativity, Decision making, Dialogue, Dispute Resolution, Economics, Ethics, Instinct, Language, Lawyers, Legal Practice, Mediation Lawyering, Neuroscience, Skills

(Core Solutions Group)/ /6 Comments

I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten. Problem-Solving and Risk Analysis is more than learning about the law or what a court might do. Most issues which clients bring to lawyers are resolved…

Clients, Cross-cultural, Developing the Field, Environmental Mediation, Ethics, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Practical Challenges for Mediators

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

Forty-five years ago, Professor Christopher Stone published a paper entitled “Should Trees have Standing? Towards Legal Rights for Natural Objects”. [45 Southern California Law Review 450–501.] Two years later, that paper had morphed into a book of the same title, with the subtitle, “Law, morality and the Environment” (1974; 3rd ed, 2010; OUP). Stone’s objective…

Communication, Cross-cultural, Training, Transformation

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

I have given a little thought as to whether my work as a mediator fits into one of the well-known “styles.” I do not see myself as an evaluative or directive mediator, but I do sometimes tell clients how I see their options. I would say I am a facilitative mediator, but as perhaps most…

Conciliation, Dispute Resolution, Germany, Legal Issues, Limitation period, National Mediation Laws, Regulation

(Eisenberger & Herzog Rechtsanwalts GmbH) and (zeiler.partners)/ /Leave a comment

Conciliation is attracting more and more users for its prided features as an easily accessible, cost- and time-effective procedure for dispute resolution. It is supported and also evidenced in the recent effort put into the discussion by UNCITRAL Working Group II to establish new instruments – a convention and a model law – with regard…