Conflict, Developing the Field, Family Mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation process, mediation traditions, Scotland, Uncategorized

(University of Strathclyde)/ /2 Comments

“Patients don’t expect doctors to be perfect. They do expect them to strive for perfection by opening up their work to scrutiny” Atul Gawande, Desert Island Discs, BBC Radio 4, 6/12/15. A bit of a treat for me last week, when four of my favourite academics came to Edinburgh. They were keynotes at Mediate Scotland…

Cognitive Bias, Commercial Mediation, Communication, Creativity, Negotiation, Scotland

(Core Solutions Group)/ /Leave a comment

Negotiating in Istanbul’s Grand Bazaar is an experience to relish. I’ve recently returned from three days in that wonderful city, helping lawyers, judges and mediators to expand the use of mediation in commercial disputes, inspired by the excellent work there led by Asiyan Suleymanoglu and her colleagues. Working with one of the pioneers of mediation…

Causes of Conflict, Developing the Field, Environmental Mediation, France, Growth of the Field (Challenges, New Sectors, etc.), Language, Mediation Practice

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

This comment has its origins in two events, separated by distance and utterly different in origin and impact, yet still linked by a common theme. This is also a partial continuation of the conversation started by Martin Svatos in the preceding entry: http://kluwermediationblog.com/2015/11/22/je-suis-paris-do-the-mediators-have-right-to-be-xenophobic/ One event, front and centre in our media and in the lives…

Bias, Causes of Conflict, Cognitive Bias, Conflict, Europe, Football, Language, memory, Middle East

(FORARB/Charles University)/ /1 Comment

One week after the terrorists’ assaults in Paris, one may have witnessed a whole scale of different responds to this terrible tragedy: From the manifestation of solidarity and fraternity to the expression of hatred and collective responsibility judgements. The later is alerting, especially when you can see it among the dispute resolution professionals. Do mediators…

General, Young Mediators

(National University of Singapore, Faculty of Law)/ /1 Comment

I would like to do something a little different from the usual monthly blog entry. I have in previous entries (July 2012 and July 2013) written about a peer mediation initiative that was the brainchild of my friend Aloysius Goh. The general idea is to teach 13-16 year olds how to resolve conflicts amicably in…

ADR, Dispute Resolution, Email, Ethics

(FORARB/Charles University)/ /Leave a comment

Stream of consciousness is an amazing proof of mysteriousness of human thinking. So for instance, some thoughts on impertinence of email spammers may remind you to post on Kluwer Mediation Blog results of the Summer Mediation Game. On the first sight, those topics are not related. As you may see in the following lines, they…

ADR Agreements, Arbitration, Commercial Mediation, Conciliation, Settlement Agreements, UNCITRAL, UNCITRAL Model Law

(Baker & McKenzie)/ /Leave a comment

“Nothing is more powerful than an idea whose time has come.” (V. Hugo) Slightly over a year ago, the United Nations Commission on International Trade Law (UNCITRAL) started working on an instrument to address enforcement of conciliated settlement agreements. Conceived as a mediation equivalent of the 1958 New York Convention, the proposed instrument would put…

General, Neuroscience, Perception, Practical Challenges for Mediators, Uncategorized, Zen

(National University of Singapore, Faculty of Law)/ /5 Comments

In February 2015, the American Bar Association Section of Dispute Resolution organized and ran the Asia Pacific International Mediation Summit in New Delhi, India. I had the honour of presenting at a number of sessions at the summit and I would like to explore one of those sessions in this month’s entry. I was part…