Developing the Field

ADR, Arbitration, Business, Commercial Mediation, Conflict, Developing the Field, Dispute Resolution, International Law, International Mediation, Legal Issues, Legislation, Mediation Institutions and Rules, Mediation Practice, Mediation Reforms (Legislation, etc.), Middle East, National Mediation Laws, Understanding mediation

(Université Panthéon Assas (Paris II))/ /2 Comments
Young Mediators Initiative (YMI)

I am a young Lebanese graduate in mediation and currently training to practice in Paris. I frequently get asked the following questions: What is the mediation situation in the Middle East? Is it because your country is a non-mediation country that you are training in Europe? What is the mediation situation in the Middle East?…

ADR, Cognitive Bias, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Efficiency, Fear, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Humorous Pieces, Intuition, Lawyers, Mediation Lawyering, Mediation Users/Clients, Scotland, Uncategorized

(University of Strathclyde)/ /3 Comments

We have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in first; teachers’ strike back with marks and comments. It’s a familiar ritual with its own rhythm and reasoning. It can be viewed as arduous by both sides…

Causes of Conflict, Commercial Mediation, Communication, Conflict, Decision making, Developing the Field, Dispute Resolution, Future of mediation, General, Governments/Public Sector, Impasse, Interests, Mediation Practice, Negotiation, Practical Challenges for Mediators, Public Policy, Scotland, Transformation, Uncategorized

(Core Solutions Group)/ /1 Comment

John Nash died this week, in a tragic car accident. John Nash was the Nobel-prize winning mathematician whose theory of non-cooperative games published in 1950 has been described as one of the top ten ideas in economics in the 20th century. His theory introduced and explored the concept of what is known as Nash equilibrium….

Communication, Decision making, Developing the Field, Ethics, mediation as a career, Mediation Practice, Understanding mediation

(NZ Centre for ICT Law & School of Law, Auckland University)/ /4 Comments

“Recall that ‘ethics’ and ‘morals’ have different meanings. Morality is part of ethics, but ethics is a larger and more inclusive notion. Ethics is a response to the question, ‘What sort of a person should I be and how should I live my life?’ while morality is an answer to the question, ‘What are my…

Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Due Process, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Mediation Reforms (Legislation, etc.), Online Dispute Resolution (ODR), Opt-Out, Public Policy, Reform, Technology, Uncategorized

(University of Strathclyde)/ /Leave a comment

‘Justice’, an “all-party law reform and human rights organisation working to strengthen the justice system” launched a new report on April 23rd entitled ‘DELIVERING JUSTICE IN AN AGE OF AUSTERITY’. The report could be described as a plan to deliver justice despite the cuts. It proposes a transformation of the court system in England and…

Communication, Conflict, Decision making, Developing the Field, Memory and Illusions, Negotiation, Neuroscience, short term memory, Skills, Tips

(Singapore International Dispute Resolution Academy)/ /Leave a comment

Is it true that as we get older, we tend to forget things more easily? Or is it that some things are just less important? As negotiators and mediators, we often deal with complex layers of information that appear all too much for any one person to recall. So we enter the negotiation room burdened…

ADR, Book Review, Business, Causes of Conflict, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, Decision making, Developing the Field, Future of mediation, General, Improvisation, Language, Mediation Practice, Mediation Users/Clients, Neuroscience, Policy, Scotland, Skills, Stories, Success in mediation, Tips, Training, Uncategorized

(Core Solutions Group)/ /1 Comment

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…

Book Review, Developing the Field, Family Mediation, Future of mediation

(Sabine Walsh Mediation)/ /1 Comment

Anxiously awaited by fans of the 1st and 2nd editions of Lisa Parkinson’s definitive work on Family Mediation, the Third Edition of this book was published at the beginning of the year. Drawing on decades of experience and scholarship, Parkinson, one of the “founding mothers” of family mediation in the UK, has produced a comprehensive,…

Conventional wisdom, Decision making, Developing the Field, Environmental Mediation, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Public Policy

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

Oz, left to himself, smiled to think of his success in giving the Scarecrow and the Tin Woodman and the Lion exactly what they thought they wanted. “How can I help being a humbug,” he said, “when all these people make me do things that everybody knows can’t be done? It was easy to make…

Developing the Field, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, mediation as a career, mediation models, Mediation Practice, Reform, Regulation, Training

(Sabine Walsh Mediation)/ /1 Comment

Amati, the Association of Mediation Assessors, Trainers and Instructors, held their second international conference in Coventry at the beginning of this month. The theme was Moving Over: Developing Conversation Training and Hybrid Models in Mediation. This relatively new organisation, aimed at those of us training and assessing mediators, has the aim of “benchmarking best practice”…