Sometimes, I look around at mediation events at a sea of grey hair (mine included!). Where, I wonder, are those to whom we are handing this torch? And more importantly, what do they think? So as the dust settled on last month’s ICC mediation competition in Paris, I took the chance to capture some of…

A potpourri of mediation-related reflections as the holiday break fades from memory. Hockey Mediation – With last Saturday’s puck drops in 13 cities the National Hockey League has commenced its lockout-shortened season. Full arenas around the league confirm the strength of the game’s drawing power if not the forgive-and-forget sentiments of long-suffering fans. Readers of this…

Down here in New Zealand it’s high summer and most of the country will spend until the end of January at the beach. I remember, when I was still at my law firm 10 years ago, the feeling of brief respite at this time of year before having to put on my boots again and trudge…

My basic nature is to be optimistic about the future. If I were one of the six thinking hats described by author Edward DeBono, I would be the yellow hat. The yellow hat is for optimism and the logical, positive view of things. The yellow hat looks for how something can be done and requires…

Mediation is often portrayed as a useful vehicle for disputes between equals, where parties can be expected to speak for themselves and neither has significant power over the other. Critics, and even supporters, become more sceptical when it comes to less symmetrical situations. Complaints against professionals are one such category. The professional is seen to…

Recently, during a lull in the action in a tort mediation, I was drawn aside by an insurance representative I see frequently. He had concerns about my “style” as a mediator. “Every mediation it’s the same thing”, he said. “It’s almost like everyone knows where the case is going to settle in advance so why…

This story is for you if: You have agreed to mediate a state court case before a damage analysis has been exchanged Before or during the mediation you exchange confidential damage estimates with the other side The mediation results in impasse and you receive a motion to remove to federal court with your damage calculations…

I’ve been working in this field for more than 20 years and one thing that I’ve observed with genuine curiosity over that time is the sniping from various quarters that what I (and others with practices similar to mine) do each day falls short of “The Promise of Mediation”. As readers of this Blog will…

One year ago, on the 1 September 2012, The Kluwer Mediation Blog was launched with an inaugural posting by the then Minister for Justice in Slovenia, Ales Zalar. Right from the start, Ales challenged readers by offering fresh thinking about political applications of mediation: “Mediation stands for more democracy, which we all need, because it…