mediation

Bias, Brexit, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Decision making, Dialogue, Dispute Resolution, Future of mediation, Interests, Mediation Practice, mediation process, Neuroscience, peace negotiations, Promoting Mediation, Scotland, Training

(Core Solutions Group)/ /2 Comments

I have just read Ian Macduff’s recent Kluwer blog (26 November: “Upheaval and resilience: a note from the Shaky Isles”). What a privilege it is, in this blog, to follow Ian’s erudite writing. He captures so well the spirit of the age, with all its uncertainty, tragedy, hope and opportunity. On that theme, my wife…

Developing the Field, Efficiency, lawyers in mediation, Success in mediation, Trust

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This post should be about trust and credibility, moreover when it comes for reasons to choose mediation. We recently received a request for mediation from a family that encountered difficulties in engaging with their new neighbours that bought the house next door. That city centre area is packed with houses close together that are left…

ADR, Conciliation, Enforcement, International Mediation, Pre-arbitration Dispute Settlement Procedures, UNCITRAL

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It is the year 2036. The 26th Investment Arbitration Day is held in Prague. Good a half of the discussions is dedicated to different issues related to mediation of the investment disputes. They are, however, not regarded as an outlandish, but rather as an up-to-date topic. Indeed, there is only a couple of BIT and…

Clients, Commercial Mediation, Developing the Field, Europe, Future of mediation, General, Mediation Practice, Mediation Reforms (Legislation, etc.), Scotland

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This blog synthesises some remarks I have made recently to policy-makers in Scotland. As I reflect on things, there are a lot of issues in the civil justice system in my country which remain of interest and concern. Not least, the number of ordinary folk caught up in the court system, paying a lot of…

ADR, EU Directive on Mediation, International Mediation

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Many thanks to everyone who took part in the Kluwer Mediation Blog’s inaugural summer quiz. We are delighted to announce that the winner is Dr Despina Chatzimanoli, an accredited mediator and Legal Expert at the European Banking Authority in London. Congratulations Despina. The coveted prize is a copy of the very recently published Essays on Mediation,…

ADR, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Scotland

(University of Strathclyde)/ /Leave a comment

A few months ago I painted a not-terribly-flattering picture of Scottish justice as experienced by small claimants – (Oiling the Wheels of the Justice System). Seen through the eyes of a mediator (and ex-lawyer) the language, practices and architecture seem calculated to confuse those most in need of assistance and clarity like unrepresented parties and…

Business, Clients, Developing the Field, Efficiency, Global Pound Conference Series 2016-17, Success in mediation

(ADR Center Romania)/ /2 Comments

I practice, teach and preach mediation for the past fifteen years and whenever I would introduce myself as a mediator the vast majority of people would still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he…

Brexit, mediation process, Scotland

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This blog is a further reflection on the implications of Brexit, viewed from a Scottish perspective. There are at least four possible outcomes for Scotland’s constitutional future. One, Scotland as wholly independent, neither in the UK nor in the EU. Two, as an independent nation within the EU. Three, as a constituent part of a…

Conflict, Developing the Field, Impasse, lawyers in mediation, mediation models, Mediation Practice, mediation process, Mistakes, Tactics, Tips, Understanding mediation

(University of Strathclyde)/ /5 Comments

Despite some scepticism about the value of “roleplay” most mediation training involves asking people to run a pretend mediation session. I’ve tried various euphemisms to ease trainees’ anxiety – “skills practice”, “simulation”, “sitting with conflict” – but none seems to make it any less daunting. You can read about this activity, watch others do it,…