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Accreditation, Australia, Communication, Dispute Resolution, Future of mediation, Mediation, Mediation Outcomes, Mediation Practice, Mediators’ Conduct

(University of New South Wales)/ /Leave a comment

The Harvard Program on Negotiation (PON) has provided a life-changing experience for many of us. It certainly changed the trajectory of my life and triggered a life-long immersion in conflict resolution theory and practice. I am immensely grateful. The program has been an evolutionary one – regularly enhanced and updated to fit the frame of…

Communication, Decision making, Developing the Field, Dialogue, Language, Mediation Practice, mediation process, Philosophy, Skills, The role of the mediator, Uncategorized

(University of Strathclyde)/ /2 Comments
What mediators do with words

‘The world is made, not found’ (W. Barnett Pearce) (1) I just spent an intensive weekend on Zoom with my students, helping them navigate their early steps into mediation practice. So much has changed. I have never met most of them face to face; we sit at home on our screens; there are no coffee…

Developing the Field, Experience, Instinct, Intuition, mediation models, Mediation Practice, mediation process, mediation traditions, Neutrality, Practical Challenges for Mediators, Scotland, Stages of mediation, The role of the mediator, Uncategorized, Understanding mediation

(University of Strathclyde)/ /2 Comments

I wrote this piece for Strathclyde Mediation Clinic after a series of conversations with new and learner mediators. Some surprised me with their passivity in the face of parties’ lack of knowledge or understanding. After some probing I learned that many new mediators recognise the problem but believe the model they were taught prohibits them…

Litigation, Mediation and Society, Mediation Outcomes, mediation traditions, Promoting Mediation, Reflective Practice, Scotland, Success in mediation, The role of the mediator, Uncategorized

(Core Solutions Group)/ /1 Comment

One of the positive aspects of the enforced changes brought about by lockdown is that it enables – or compels – us to try new things. So far, I’ve learned how to create and have issued 13 podcasts, the idea being to spread ideas as widely as possible at this crucial time. After much procrastination,…

Mediation Outcomes, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Scotland, Uncategorized, Zoom

(Core Solutions Group)/ /2 Comments

Ten weeks ago, I had barely heard of Zoom. At that time, I was fairly sceptical about online mediation in the kind of cases I do. It could never substitute for face to face meetings with their intimacy and candour. Or so I thought. I have recently undertaken a number of mediations using Zoom. It…

Developing the Field, Economics, Efficiency, Environmental Mediation, Future of mediation, Leadership, Mediation and Society, Mediation Practice, mediation process, Negotiation, Online Dispute Resolution (ODR), Online Mediation, Promoting Mediation, Scotland, The role of the mediator, Understanding mediation

(Core Solutions Group)/ /10 Comments

“The ground is so wet; it wasn’t like this in the past. We can’t get started on this year’s soil preparation.” In a recent mediation involving farmers, this was the response to my early inquiry about how things were going, generally. These days, I find that the topic of climate change and its effects arises,…

Mediation and Society, Mediation Practice, Philosophy, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /1 Comment

One of the most enjoyable aspects of the festive season is receiving and reading books that one might not have come across otherwise. This year, I have been enjoying two quite contrasting works of literature. The first is a Manual for Spectrum Agents (Haynes Publishing) providing “detailed information about the Spectrum organisation”, based on the…

Dispute Resolution, Japan, lawyers in mediation, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Neuroscience, Practical Challenges for Mediators, Reflective Practice, Scotland, Stories, The role of the mediator, Time Pressure, Uncategorized

(Core Solutions Group)/ /Leave a comment

“You’ve done what?” It took just a moment. The red mist descended. The words were out before I could haul them back in. “You’ve just gone behind my back and undermined what I set out, and we had agreed, we would do….you might at least have had the courtesy…..” The lawyer had just told me…

'Money-only' Cases, Accreditation, ADR, Appointment of Mediators, Argument, Australia, caucus, Clients, Commercial Mediation, Conflict, Court Procedure and Litigation, Creativity, Dispute Resolution, Evaluative Mediation, Impasse, Interests, Joint Sessions, Judges as mediators, Lawyers, lawyers in mediation, Legal Issues, Litigation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Practical Challenges for Mediators, Preparation, Set Aside a Mediated Agreement, Settlement Agreements, shuttle mediation, Success in mediation, The role of the mediator, Time Pressure, Understanding mediation

(Strategic Resolution)/ /Leave a comment

  Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a mediation appears to have resolved successfully. They can rescue us – helping us identify and avoid previously unforeseen difficulties. Here’s an example Mr. and Mrs. Studer moved…

Clients, Developing the Field, Experience, Feedback, Language, mediation as a career, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Personal Development, Research, Skills, Success in mediation, The role of the mediator, Training, Uncategorized, user perspectives

(University of Strathclyde)/ /4 Comments
good mediation seen through a client's lens

“Like poets, but with less time” The Deep End Getting to grips with mediation can leave students and trainees overwhelmed. That favourite training tool, the roleplay, throws most in at the deep end. The sudden immersion forces them to speak, listen and observe while trying to remember models and skills plus a sea of reading…