“The key to doing well lies not in overcoming others,
but in eliciting their co-operation.”
“Although negotiation takes place every day, it is not easy to do well. Standard strategies for negotiation often leave people dissatisfied, worn out or alienated…..”
Roger Fisher and William Ury
For probably the final time, I am writing about the referendum which was recently held in Scotland. Now, a Commission has been set up to address the need for additional powers, which the “No” vote has prompted.
Collaborative Scotland and Core Solutions have submitted views. These may be of interest to all of those who are pondering how the future of politics and our mediation work may i [...]
This brief comment arises from genuine curiosity and contains a question for my co-authors and anyone else who happens to read this blog. The situation is this: I’ve recently finished reading the first instalment of the learning journals for my Negotiation and Mediation class, which is a device I’ve used for the more than 20 years I’ve been teaching such a course. I’ll usually acknowledge at the outset to the class that this is probably an unusual component for a law school, but it is well-established in comparable courses and is probably something many professionals do as a way of maintaining their own reflective practice. The format has certainly changed over the years, from hand w [...]
I must confess that I am getting addicted to the TV series “Lie to Me”.
Dr. Cal Lightman, the series protagonist, and his assistant, Dr. Gillian Foster, are specialists in fraud detection through a rather unconventional method: facial expression and body language analysis. Dr. Lightman’s character is based on the well known psychologist Paul Ekman, and his client list varies from the FBI to private institutions, and even individuals interested in finding out some hidden truths in their personal lives.
Despite the cinematographic approach, “Lie to Me” tries to provide a scientific overview of a rather unexplored segment (body and facial expressions), demonstrating, through simple exa [...]
The Singapore Mediation Lecture 2014 was delivered on 26 September 2014 by Mr. Brad Berenson, the Vice President and Senior Counsel for Litigation and Legal Policy of General Electric. The third lecture in this series, the Singapore Mediation Lecture is a result of a partnership between the Singapore Mediation Centre, the Singapore Management University School of Law and Harry Elias Partnership. Previous speakers were the former president of Singapore, Mr. S R Nathan (2012) and Lord Woolf (2013).
The title of the lecture was “The Mediation Imperative: Why Successful Companies Embrace Mediation”. I do not propose to reproduce the speech here. The speech will be published in the Asian Jou [...]
Hong Kong mediator, lawyer and poet, TK Iu, was introduced to readers by fellow blogger Joel Lee earlier this year. TK’s first published poetic piece on mediation was entitled, ‘A Mediator’s Prayer’, inspired by the Peace Prayer of St. Francis of Assisi. If you missed it, it’s well worth the read. In just a few lines, ‘A Mediator’s Prayer’ prompts mediators to reflect on why we do what we do – both in the mediation room and beyond.
TK’s most recent piece is entitled ‘SETTLEMENT’. I have taken the liberty to set it out here for readers. As I read its lines again, I can’t help thinking what a creative tool this would be for mediator training. There’s loads of studies that show the utility of [...]
I believe that by now you all had enough of my comments on the 2014 FIFA World Cup. So let’s move on to other aspects of life.
Last month, IBA’s Mediation Committee organized a regional meeting in Brazil in order to discuss the latest trends in Commercial Mediation. The event was supported by Veirano Law Firm, one of the most prestigious Firms in Brazil, and was attended by several lawyers, in house counsels and members of the public sector, some of them hearing about mediation for the first time. In addition to being a great success, the event could be seen as another small step towards increasing the general awareness level of Commercial Mediation in the country.
Although I could pr [...]
It was not my intention to continue talking about the 2014 FIFA World Cup, as I am not a big football fan, and probably most of us have had enough of it over the last six weeks. However, Brazil’s 7 x 1 knockout defeat to Germany is still in every Brazilian’s mind. How this could happen, what went wrong and what the “football nation” can expect in the future are some of the questions still echoing in every corner of the country.
In my humble, not expert, football opinion, instead of asking ourselves “what went wrong”, we should in fact be asking how Germany managed to do it.
Losing to Brazil in the 2002 World Cup final game and being eliminated in their own territory at the quarter [...]
In his recent posting for the Kluwer Arbitration Blog, Michael McIlwrath picks up on what I affectionately refer to as the NYC4M (New York Convention for Mediation) theme, that is the debate about whether an international convention for the enforcement and recognition of cross-border mediated settlement agreements would assist the development of, and promote the use of, cross-border mediation. It’s a theme that Geoff Sharp of this Blog has also pursued. Moreover, the International Mediation Institute and the International Bar Association have recently announced a joint Taskforce to pursue an NYC4M.
While the idea seems at first glance like a no-brainer, an obviously attractive proposal t [...]
At the risk of being accused of being too much of a purist, I just have to have a little grumble about the latest misappropriation of the term mediation. All involved in promoting and encouraging the use of mediation know how one of the largest barriers to people availing of this process is the lack of understanding of its key principles and how it really works. The fallout from Garth Brooks’ plans to rock Dublin over five consecutive nights this month has, very publicly, confused the issue once again.
Mr. Brooks, in fairness, was not at fault here, merely deciding to bow to the begging of his fans and put on five shows in a row. These shows are (were) to be held in Dublin’s largest stad [...]
I am interested in convergence – of ideas, of behaviour, of trends, of different disciplines. The more I read, the more common themes I discern in the arts, science, spirituality, leadership and in what we do as mediators. A reflection of this is found in the African concept of ubuntu, “the profound sense that we are human only through the humanity of others.” These are the words of Nelson Mandela. Ironically, one of the finest books I have come across recently which encourages this idea of convergence is Mandela’s Way: Lessons in Life, by Mandela’s biographer, Richard Stengel.
In fifteen short chapters, Stengel captures the essence of what made Mandela special – and each one of [...]