Appointment of Mediators, Below the line, Bias, Clients, Future of mediation, General, Instinct, Intuition, Lawyers and Psychologists, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Perception, Philosophy, Quality, Standards, Success in mediation

(Bill Marsh Mediator)/ /Leave a comment

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement? Perhaps even no meaningful progress towards a settlement? Occasionally, no offers even made? And as you do so, perhaps you find that your thoughts veer from:…

Game Theory, History of mediation, mediation as a career, mediation models, Mediation Practice, mediation process, Mediators’ Conduct, Perception, Philosophy, Practical Challenges for Mediators, Promoting Mediation, Scotland, Uncategorized

(Core Solutions Group)/ /Leave a comment

“Doubt is not a pleasant condition but certainty is an absurd one.” These words of Voltaire are as apt today as they were when he wrote them in the 18th century. I don’t know about you but this year seems to be a curious mixture where some people purport to deal in apparent certainties, which…

Communication, Conventional wisdom, Developing the Field, General, mediation process, Online Dispute Resolution (ODR)

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

This is not a blog about the novel and films that might have captured the “grey” zone in public imagination. Rather, it’s about uncertainty, both within and about mediation. These notes also owe much to conversations with mediation colleagues at the ICC’s mediation competition in Paris in early February, over coffees and the occasional glass…

Co-mediation, Mediation with Teams, Workplace, Workplace Mediation

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

Mediating inside companies and organizations with teams involves a number of challenges. It can also be very rewarding. Much of my work in this field is in the public sector, which has its own particular parameters too. Here are some thoughts. It Is Usually Late in the Day Team mediation is usually asked for when…

ADR Clauses, Research

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

Maryam Salehijam, a PhD researcher at the Transnational Law Centre of the University of Ghent, is undertaking research on the familiarity of legal professionals (including lawyers and third-party neutrals) with dispute resolution clauses which provide for non-binding ADR mechanisms such as mediation and conciliation. Maryam’s research focuses on legal professionals from the following jurisdictions: Austria, Australia, England…

Europe, Ireland, Lawyers, lawyers in mediation, Legal Issues, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.)

(CMS)/ /Leave a comment

Last week the long-awaited Irish Mediation Bill was finally published. Its purpose is to introduce a coherent comprehensive regulatory framework for mediation in Ireland. For a number of reasons it is interesting also for international readers. The hitherto mediation regulations in Ireland were criticized not only by experts but also by the local judiciary. In…

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(Daphné d'Hennezel Mediation)/ /3 Comments
Young Mediators Initiative (YMI)

We all know how difficult it is for newly-trained mediators to gain practical exposure in this field, where competency is so heavily based on one’s breadth and depth of experience. The next few generations of mediators need experienced mediators to help them break the “chicken vs. egg” cycle so they can gain initial experience, hone…

Bias, Cognitive Bias, Conflict, Neuroscience, Perception

(Strathclyde University)/ /1 Comment

In this article I discuss some of the perception and cognitive biases relevant to conflict as well as the interaction between biases and conflict. I think that it is important for mediators to be aware of the parties’ biases, firstly, to understand how biases are contributing to the conflict, and secondly, to help the parties…