“Have patience with everything that remains unsolved in your heart. Try to love the questions themselves. . . Do not now look for the answers. . . At present you need to live the question.” Rainer Maria Rilke, Letters to a Young Poet At the heart of the idea of mediation is the aim of…

The UK’s Civil Justice Council has recently reported (http://www.lawgazette.co.uk/law/civil-justice-council-explores-online-dispute-resolution/5040975.article) on an initiative to promote online dispute resolution, through setting up an Advisory Group. Heading that group is Dr Richard Susskind, one the strongest promoters of ODR and of the role information communication technology (ICT) in the practice of law. In line with the EU’s Directive…

In my previous entry, I wondered about high and low context communication, and what this might mean at the mediation table when we’re not always aware of what is NOT being said. Here, I continue the speculation, this time about and taking that communication and mediation online. The “here” of my title is the world…

In the early days of personal computing, the development of the “graphical user interface” was accompanied by the acronym, WYSIWYG: “What you see is what you get”. While frustrated computer users know that this was never entirely true, or might only have been true for the computer boffins who designed the interface, the idea was…

This blog entry has its immediate origins in a passing comment by a mediation and university colleague. That colleague had just returned from a mediation and I – perhaps somewhat flippantly – asked whether justice had been done (the area of his work was employment mediation). His reply was simply to the effect that “the…

In my last post (http://kluwermediationblog.com/2013/11/27/space-pace-grace-and-face-steps-to-an-ecology-of-mediation/) I started to think out loud about the elements that might contribute to the “ecology” of mediation – that is, the sense of location, context, or genius loci, that might also serve the substantive ends of mediation. My sub-text there was that there is an ineffable “something” about location and…

The title of this blog stems from an exercise I engaged in with my Negotiation and Mediation class towards the end of the semester, in which we sought to bring some of the threads of the preceding weeks together. In part, it was my attempt to create not so much a model as a convenient…

“If only as much were known about the human passions as is known about the production of grain or the sales of soap, world maps could be drawn showing the regional distribution of attitudes and temperaments, fears and hopes, and where one finds the people who can laugh at the same joke.” Theodore Zeldin, The…

Each September for the past 11 years, Cologne University, under the auspices of CENTRAL (the Center for Transnational Law: http://www.central.uni-koeln.de), and in Association with the German Institution of Arbitration (DIS: www.dis-arb.de) has hosted a Summer Academy in International Commercial Arbitration. More recently – 8 years ago – an academy on mediation was added, to run…

“Conflict resolution governs. From international dialogues and problem-solving workshops to training programs, community mediations, and local restorative justice initiatives, conflict resolution (re-)instals order. It does so by encouraging parties in conflict to reconfigure their orientation to their selves and their institutions, to others, and to the conflict in which they are involved.” (Morgan Brigg, The…