As this is my first post to the new Kluwer Mediation Blog I thought it appropriate to take a moment to introduce myself and provide a brief summary of my background and experience.  My intent is that this will assist the reader (clients, lawyers, other mediators, academics, students and innocent bystanders who have chanced upon…

I just returned from (mostly) sunny Brisbane, Australia running a pilot program (5 to 6 September 2011) on intercultural mediation competencies for the International Mediation Institute before speaking at LEADR’s conference “kon gres” (7 to 9 September 2011). It was an honour to be training with Professor Hal Abramson (Touro Law School) and Ms. Gigi…

Most mediators are pragmatists. This may not be our reputation, but in reality we wrestle daily with practical matters such as who will do what, when they will do it and how much it will cost. I once taught mediation to a group of therapists. Their ‘soft’ skills (this doesn’t mean easy) were fantastic, actively…

Disputes are like weddings or funerals: they require a serious resolution procedure. As such, mediation procedures have rapidly spread throughout the world. They travel without passport. The rapid evolution of mediation started as a court-annexed or connected procedure, and caused a revolution in the dispute system design of modern civil justice. A multi-door courthouse with…

In my previous life as a blogger, I wrote about things that jumped up and hit me that day, that week, that month – so it is that I report here in my very first post at this most promising blog, that I was not so much hit but lynched when training aspiring mediators here…

The first woman to win the Pulitzer Prize for Literature was Edith Wharton in 1921, for her novel An Age of Innocence. Addressing what is, and is not, classic, Wharton wrote: A classic is classic not because it conforms to certain structural rules, or fits certain definitions … It is classic because of a certain…

During a break in arbitration hearings in New York a few years ago, I took a side trip to the American Museum of Natural History to meet Robert Carneiro, the museum’s Curator Emeritus of South American Ethnology. (You do these things when you’re an in-house litigation counsel, especially when the alternative is another day in…