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…

I should begin this blog with a reservation and a disclaimer: in using the now-familiar “v3.0” description here, I don’t wish to suggest, as software or IT developers might, that what is involved here is a wholly new product and development. Indeed, as my colleagues Andrea Schneider and Howard Gadlin and I suggested in our…

This note is a response to, and affirmation of the idea behind Bill Marsh’s provocative notion that the best mediators and negotiators smoke. Of course, in these non-smoking times, we couldn’t possibly agree with the apparent endorsement of smoking and yet the underlying idea Bill conveys is an important one – about the structure of…