Scotland

Dispute Resolution, Mediation Practice, mediation process, Non-violent communication, Reflective Practice, Scotland, The role of the mediator, Uncategorized, Zoom

(Core Solutions Group)/ /6 Comments

“It’s hard to beat Dark Side of the Moon” he said. “What a piece of music.” I agreed: “Did you ever see Pink Floyd play Dark Side live? I recall being at Earls Court in 1994.” “I was there too!” he exclaimed. For a moment or two, we reflected on the album’s seemingly relevant song…

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

(University of Strathclyde)/ /Leave a comment
University of Strathclyde, host to Learning by Doing, mediation clinic conference

By the everyday miracle of Zoom, Carrie Menkel-Meadow spoke from her LA office to a Glasgow conference with a worldwide audience. Wrapping up ‘Learning by Doing,’ the UK’s first conference devoted to mediation clinics, her keynote described the inspiration for a whole career: a colleague in her legal aid office in the 1970s. While Carrie…

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

ADR, Commercial Mediation, Cooperation, Court Procedure and Litigation, Decision making, Dialogue, Dispute Resolution, Future of mediation, Litigation, Mediation and Society, Mediation Outcomes, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /4 Comments

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value. And this was a commercial situation, not a…

Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation Practice, Neuroscience, Personal Development, Practical Challenges for Mediators, Reflective Practice, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /4 Comments

The process of discerning what to write about in a blog is interesting. Sometimes inspiration comes quickly. On other occasions, there is a barren wilderness, or a hotchpotch of half-formed ideas. This month feels like the last of these. I thought to write about a really excellent new book by the Oxford economists, Paul Collier…

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,…

Appointment of Mediators, Co-mediation, Commercial Mediation, Developing the Field, Discrimination, Experience, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation and Society, mediation as a career, Mentoring, Personal Development, Practical Challenges for Mediators, Scotland, Uncategorized, Young Mediators

(University of Strathclyde)/ /3 Comments
Do Black Lives Matter

“Racially discriminatory behavior may be reduced more effectively when racial issues are made salient rather than ignored or obscured.” (1) This week I’ve been thinking about white privilege. Ok, my white privilege. Like much of the planet I was horrified by the casual, almost routine asphyxiation of George Floyd. I wasn’t surprised by protest and…

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…

COVID-19, Future of mediation, Mediation and Society, Policy, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /3 Comments

I was privileged recently to give opening remarks at a meeting of mediators in the International Academy of Mediators. The remarks were a reflection on the times we as mediators are living in. I share an adapted version here. “There is no us and them, only us”. These words were uttered here in Edinburgh in…