Apologies, Apology, Communication, Cross-cultural, Intuition, Mediation Practice, Nigeria, Scotland, Transformation, Uncategorized

(University of Strathclyde)/ /5 Comments

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…

Costs in Mediation, Court Procedure and Litigation, Litigation, Mediation Schemes (In Courts, etc.)

(CMS)/ /2 Comments

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…

Clients, Conflict, Ethics, Family Mediation, mediation as a career, Mediation Practice, Mistakes, Skills

(Sabine Walsh Mediation)/ /1 Comment

“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…

Business, Commercial Mediation, Creativity, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Skills

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

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…

Apology, Causes of Conflict, Clients, Communication, Conflict, General, Instinct, Language, Lawyers, Mediation Practice, Mediators’ Conduct, Mistakes, Neuroscience, Scotland, Stages of mediation, Stories, Time Pressure, Trust, Uncategorized

(Core Solutions Group)/ /3 Comments

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…

ADR, Communication, Developing the Field, Efficiency, EU Directive on Mediation, Online Dispute Resolution (ODR), Online Mediation

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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…

Joint Sessions

(Landrum Dobbins LLC)/ /2 Comments

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…

Cross-cultural, General

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

I would like to use this month’s entry introduce readers to something referred to as “A Mediator’s Prayer”. It goes something like this. A Mediator’s Prayer Disputants, make me the instrument of your negotiation, Where there is conflict, let me mediate; Where there is difference, mediate; Where there is contradiction, mediate; Where there is discord,…