“Peace is not the absence of conflict. One must wage Peace as much as others wage war”. I do not know from whom this quote originated or whether my unconscious has unwittingly amalgamated two different quotes. I only know that I feel the need to spend this month’s entry writing about peace and this quote…
I have written before on this blog about ‘mediating from the neck up’: my conviction that I was taught (and teach) a rationalistic, even cerebral, process that privileges thought over emotion and language over movement (see http://kluwermediationblog.com/2013/12/13/mediating-from-the-neck-up/ ). As I acknowledged at the time, having this insight and doing something about it are two quite…
An apple a day keeps the doctor away. The judiciary in the Big Apple took an important step for promotion of mediation. On July 28, the Commercial Division in New York County Supreme Court introduced a pilot mandatory mediation program. In 1993 New York pioneered in creating a specialized commercial court to handle complex business…
“When you look into the abyss, the abyss looks into you.” (Nietzsche) Relationship breakdown and the resulting fall-out is an abyss most people do not like to look into, even as they tumble into it. As family mediators, our job is to accompany and support people’s navigation into, through and, hopefully, out of the abyss…
Before I left my law firm in the late 1990’s David Maister, a Boston management guru of whom many of you will know, was the darling of every large service firm, especially in the law and accountancy fields. He has long since retired but at his height he was good, very good – despite being a…
It was just a few moments. “You can’t play on our course without proper golf shoes.” “But we played here two days ago in these shoes.” “My colleague must have made a mistake”. “But it was you who let us play…”. “It’s in our rules.” “Where?” “Here.” “No it’s not. There is nothing about soft…
It was not my intention to continue talking about the 2014 FIFA World Cup, as I am not a big football fan, and probably most of us have had enough of it over the last six weeks. However, Brazil’s 7 x 1 knockout defeat to Germany is still in every Brazilian’s mind. How this could…
The title of this blog is not as harsh and heartless as it might seem at first sight. True, mediation proceeds largely on assumptions of disputant autonomy and participation; and the expectation is that the outcomes will be those designed by, and with the commitment of, the participants. This comment, however, picks up on two…
I’ve got to admit that the John Sandford “Prey” crime novels, featuring the complex detective Lucas Davenport, are a guilty pleasure of mine, both in text and particularly audiobook formats. I can usually get through an unabridged audiobook during one of my frequent return car trips between Ottawa, where I live, and Toronto, where I…
1. Lawyers have become so familiar with the process that no novelty or mystery remains. Like Benedict Cumberbatch’s Sherlock Holmes, some are BORRRRRED before they arrive! Accordingly, they have little interest in truly working through the pros and cons of a case or exploring underlying interests to discover a solution acceptable to their clients which…
