Previous blog entries on this theme of water have focussed primarily on the process and stalled progress of the Land and Water Forum [LWF] in New Zealand. This was a process intended to bring together most if not all of the stakeholders on questions of water allocation and quality. As we’ve seen earlier, what looked…

This is another blog in the spirit of earlier entries along the lines of “what would you do with XXX at your table.” The challenge will emerge in the course of reading. Myth and metaphor, and the etymology of mediation, are amply available to convey the mediator’s task of steering between – or finding a…

“An action-oriented citizenship is, first and foremost, engaged with other people in the creation of shared social spaces and in the discourse that such spaces make possible. Through participation and conversation, we reproduce our social meanings through time: that is what culture is. Squares and institutions, walkways and stadiums, these are the places where the…

Forty-five years ago, Professor Christopher Stone published a paper entitled “Should Trees have Standing? Towards Legal Rights for Natural Objects”. [45 Southern California Law Review 450–501.] Two years later, that paper had morphed into a book of the same title, with the subtitle, “Law, morality and the Environment” (1974; 3rd ed, 2010; OUP). Stone’s objective…

In two earlier blog posts, I commented on the work of and risks to the Land and Water Forum in New Zealand. That there is cause to write again on this topic begins to feel like shaping up to the blog equivalent of Douglas Adams’ Hitchhiker’s Guide to the Galaxy: a Trilogy in Four Parts…

This is not a blog about the novel and films that might have captured the “grey” zone in public imagination. Rather, it’s about uncertainty, both within and about mediation. These notes also owe much to conversations with mediation colleagues at the ICC’s mediation competition in Paris in early February, over coffees and the occasional glass…

Raymond Williams, Resources of Hope (published posthumously in 1989), p. 118 I write and will upload this blog on the eve of my departure for Paris and the ICC’s 12th International Commercial Mediation Competition. On the ‘due date’ for this blog, I’ll be somewhere between Auckland and London. Again, it will be my huge pleasure…

In the weeks since the Brexit vote and, more recently, the US Presidential elections, both of which caught pollsters, media and just about everybody you and I know by surprise, there’s a vocabulary that has become both familiar and, in New Zealand’s experience, prescient. Look over recent articles online on any major news or aggregator…

A few recent observations prompt this blog about language and the world of words that we work with in mediation. First, in reading around the burgeoning literature on online dispute resolution and – especially – at the algorithm-based, automated end of the scale, I note the suggestion that dispute resolution and mediation are based just…