“Caminante, no hay camino, se hace camino al andar” “Traveller, there is no path, the path must be forged as you walk.” Antonio Machado, as quoted and translated in Daring Greatly, Brene Brown Those were two very long and eventful days. Though the prospect of reaching an agreement appeared remote – at best – at…

It is perhaps rare for a piece of legislation to receive enthusiastic cross-party support in any legislature. However, that is just what has happened in Scotland with the very recently passed Apologies (Scotland) Act 2015. Over more than two years, Margaret Mitchell MSP has piloted this legislation through the Scottish Parliament with skill and tact….

‘Tis the season to be merry. And indulgent. ‘Tis also the season when favourite songs are compiled by well-meaning souls into apparently themed collections. In the UK, we have a long-running radio show called “Desert Island Discs” in which celebrities and others select their favourite pieces of music as they reminisce about their lives. The…

On the last day of the year, like many of you, I find myself reflecting on the events of the past 12 months, the highs and lows, the tensions and the takeaways. Here is one of the takeaways. In January this year I spent a day hiking through some spectacular scenery in Hong Kong. We…

This blog entry will take a more personal tone than have earlier ones – though it’s in the nature of blogs and the more informal style that they have all said something of the experience of the writers. I want to explore here the role of mediation in providing the opportunity for reconciliation, and to…

I have written before on this blog about ‘mediating from the neck up’: my conviction that I was taught (and teach) a rationalistic, even cerebral, process that privileges thought over emotion and language over movement (see http://kluwermediationblog.com/2013/12/13/mediating-from-the-neck-up/ ). As I acknowledged at the time, having this insight and doing something about it are two quite…

It was just a few moments. “You can’t play on our course without proper golf shoes.” “But we played here two days ago in these shoes.” “My colleague must have made a mistake”. “But it was you who let us play…”. “It’s in our rules.” “Where?” “Here.” “No it’s not. There is nothing about soft…

The last few weeks have seen a failure to apologise result in a political crisis, a senior police official being forced to resign, and our Minister for Justice’s already wobbly pedestal threaten to give way entirely beneath him. The coming weeks and months will tell whether the “Minister for Borrowed Time” as he has become…

What constitutes effective mediation advocacy? Litigation lawyers in an ever-increasing number of jurisdictions around the world understand that mediation is becoming or has become the primary dispute resolution forum and thereforenaturally are interested in acquiring and enhancing the knowledge and skills necessary to effectively represent their clients in the mediation process. Earlier this year the…