Mediation Awareness Week in Ireland! 19th -23rd October 2015 In most jurisdictions, when people find themselves dispute, they think “I’ll phone my lawyer”. This is certainly the case in Ireland. When faced with marriage breakdown, a breach of contract, an employment issue, the default port of call is still legal proceedings, and people make an…

It is the beginning of the school term at the Faculty of Law, National University of Singapore, where in this semester, I teach a Negotiation Workshop. In our first class yesterday, we played a pricing game based on the Prisoner’s Dilemma. There are many versions of this pricing game and it essentially introduces participants to…

I like mediating. I also like running marathons. What this says about my sanity is a question for another day, but the more I do both the more similarities I identify between the two disciplines. A recent week of particularly arduous mediation brought these similarities to mind more than usual. Preparation, of course, is the…

 Kua hinga te totara i te wao nui a Tane   I had expected that this blog would be a report on the annual conference of the Arbitrators’ and Mediators’ (AMINZ) held in Wellington last week. This would have been a great chance to catch up with colleagues from New Zealand and elsewhere (including this…

“The worst sin towards our fellow creatures is not to hate them, but to be indifferent to them: that’s the essence of inhumanity.” The Devil’s Disciple, Act II (1901). G B Shaw I ended my previous blog post [http://kluwermediationblog.com/2015/05/26/the-mediator-as-ethicist/] by saying that there were a couple of aspects of ethics and mediation – beyond the…

I recently had the opportunity to co-facilitate a training workshop with Tom Schaub of CMPartners and re-acquainted myself with a model of challenges that face leaders today. This is a model that was created by Ronald Heifezt and is captured in the book “Leadership Without Easy Answers”. I don’t pretend to be an expert on…

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have…

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….

It is quite well recognized that India is not particularly a mediation-friendly country, and the corporate-legal community is yet to internalise commercial mediation as an alternate for dispute resolution. Despite the establishment of civil mediation centres across certain High Courts of the country, organised mediation has largely remained obscure in its application for larger disputes….

I’d like to take this month’s entry to briefly review a book that was launched in Singapore in March 2015. The book is Mediation in Singapore: A Practical Guide published by Sweet & Maxwell. The editors of this book are Danny McFadden and George Lim (Senior Counsel) and boasts an impressive list of contributors ranging…