“Recall that ‘ethics’ and ‘morals’ have different meanings. Morality is part of ethics, but ethics is a larger and more inclusive notion. Ethics is a response to the question, ‘What sort of a person should I be and how should I live my life?’ while morality is an answer to the question, ‘What are my…
Within this blog, we would like to familiarise you with the procedure of drafting and creating a complex mediation curriculum both from the inside and outside. Martin Svatos is one of the founders of this curriculum at the Charles University in Prague, and Sabine Walsh has accepted the invitation to give the final speech within…
In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial system”.1 Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate…
I’d like to take this month’s entry to briefly review a book that was launched in Singapore in March 2015. The book is Mediation in Singapore: A Practical Guide published by Sweet & Maxwell. The editors of this book are Danny McFadden and George Lim (Senior Counsel) and boasts an impressive list of contributors ranging…
‘Justice’, an “all-party law reform and human rights organisation working to strengthen the justice system” launched a new report on April 23rd entitled ‘DELIVERING JUSTICE IN AN AGE OF AUSTERITY’. The report could be described as a plan to deliver justice despite the cuts. It proposes a transformation of the court system in England and…
Is it true that as we get older, we tend to forget things more easily? Or is it that some things are just less important? As negotiators and mediators, we often deal with complex layers of information that appear all too much for any one person to recall. So we enter the negotiation room burdened…
I was twenty-five years old when I joined Young Mediators’ Initiative (YMI) and first participated at the Andalusian System for Labour Conflict Resolution (S.E.R.C.L.A) as an official mediator. At SERCLA, we normally have an average of ten people at the mediation table. Sometimes, not only am I by far the youngest person in the mediation…
In the late 90’s in Brazil, a sudden interest in Mediation started to develop under the influence of the newly enacted Argentinean legislation (1995). Unfortunately, just until a few years ago, mediation had grown at a very slow pace, with a few advocates effortlessly lobbying for its widespread implementation and for a local legislation. Finally,…
It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…
This blog entry arises not so much from any mediation, but from one aspect of regular social encounters that is all too normal a part of negotiation and mediation. As the title suggests, it’s about the role of inquiry, asking questions – not merely gathering information, but going beyond that in the expression of interest…
