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

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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

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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.)

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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…

Brexit

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Editorial note: Given the high level of interest in our posts which address Brexit, the following detailed analysis of the Supreme Court’s decision on the Brexit process by Maria Kendrick, Visiting Lecturer and PhD candidate at King’s College London, may be of interest to our readers. The judgment of the Supreme Court handed down on 24 January 2017 by…

ADR, Creativity, Decision making, Developing the Field, Economics, Future of mediation, Game Theory, Growth of the Field (Challenges, New Sectors, etc.), Impasse, Interests, International Mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Philosophy, Policy, Scotland

(Core Solutions Group)/ /1 Comment

John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from Game Theory. I (John) had been familiar with The Prisoners’ Dilemma…