mediation

ADR Agreements, Causes of Conflict, Developing the Field, Employment, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Success in mediation, Transformation, Uncategorized

(University of Strathclyde)/ /Leave a comment

A human resources manager recently asked me for a general list of reasons why a mediation might not settle. While part of me wanted to question the idea of settlement as the goal of mediation (see Alan Gross’s excellent piece ‘Agreement Not the Gold Standard for Mediation – http://www.mediate.com/articles/GrossA3.cfm ) most of me thought this…

Conflict, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Practice, Mediation Schemes (In Courts, etc.), Mentoring, Scotland, Skills, Training, Uncategorized

(University of Strathclyde)/ /2 Comments

Another new mediation venture in Scotland: last week saw the launch of University of Strathclyde Mediation Clinic (http://www.strath.ac.uk/humanities/lawschool/mediationclinic/ ). While by no means a new idea, it’s the first in this jurisdiction. The response took us by surprise. We were graced with the presence of the University’s Principal, a judge, lawyers, sponsors, advice agencies, academics…

Communication, Developing the Field, Improvisation, Language, Mediation Practice, Skills

(University of Strathclyde)/ /6 Comments

I’m not often drawn to practical tips. I once discovered that I am an “activist” learner. This apparently means that I learn best when “thrown in at the deep end” and less well when “absorbing and understanding data” (see http://archive.excellencegateway.org.uk/page.aspx?o=152477 for a description of learning styles and http://www.peterhoney.com for a self-evaluation test). It perhaps explains…

Communication, Conventional wisdom, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation traditions, Skills, Training, Uncategorized, Understanding mediation

(University of Strathclyde)/ /Leave a comment

Interesting ripples on the interweb about mediator ‘styles’ – (see the LinkedIn group ‘ADR, Conflict Resolution and Mediation Exchange’). One discussion thread was prompted by a nice ‘Emperor’s New Clothes’ question: can a mediator have any style or does the style vary from situation to situation? The discussion has ranged from styles to models, with…

ADR, Appointment of Mediators, Commercial Mediation, Cross-cultural, Developing the Field, Dispute Resolution, Governments/Public Sector, Mediation Agreement, Mediation Outcomes, Scotland, Settlement Agreements, Stories, Success in mediation, Uncategorized

(University of Strathclyde)/ /3 Comments

Edinburgh is one of the world’s top tourist attractions. To quote its own website “Edinburgh is an multi-award-winning, world-class tourist destination. A must-see cultural capital. From stunning skylines to sandy beaches, festivals to fireworks – the city has something for everyone, day and night.” So, it can hardly have been good for business when, during…

Apologies, Apology, Clients, Conflict, Improvisation, Instinct, Intuition, mediation models, Mediation Practice, Scotland, Skills, Stories, Uncategorized

(University of Strathclyde)/ /Leave a comment

In the last year I have had the privilege of joining a group of mediators for their monthly CPD (continuing professional development). We are all loosely in the commercial sector, which can include workplace, family business and public sector disputes. This being Scotland (see previous posts on judicial resistance to mediation) no-one is making their…

ADR, Mediation Practice, Skills, Stories

(Diane Levin LLC)/ /Leave a comment

On the final day of an advanced mediation skills training I took many years ago, the trainers brought in a group of improvisational actors. The idea, as you might readily guess, was to invite us to shake off our habitual responses (together with our post-lunch lethargy) and, unbound by convention, let our creative impulses off…

mediation models, Mediation Practice, Understanding mediation

(Esprit d’entente)/ /Leave a comment

After a recent conversation in Singapore with Joel Lee, one of our colleagues from our Blog I had a chance to meet there, I find interesting to briefly mention what is the famous “Fiutak Mediation Circle” that we use as model in our mediation training at Groupement Pro-Mediation (“GPM”) in the French speaking-part of Switzerland…

ADR, Arbitration, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Enforcement of a Mediation Clause, Ethics, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Mediation Agreement, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Public Policy, Uncategorized, Understanding mediation

(University of Strathclyde)/ /5 Comments

To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator’s opening speech, and the secrecy/privacy of the process will be affirmed and reaffirmed. In the commercial mediation arena, and these days most other practice areas, you will also sign a contractual undertaking…

Mediation Practice, Mistakes, Training

(Diane Levin LLC)/ /Leave a comment

Earlier this month, Charlie Irvine, a mediator based in Glasgow, wrote one of the best essays I’ve read in a good long while on the taboo subject of mistakes in mediation practice. He spoke eloquently of the educational role that mistakes can play in our professional development, and lamented the absence of examples of these…