Forty-five years ago, Professor Christopher Stone published a paper entitled “Should Trees have Standing? Towards Legal Rights for Natural Objects”. [45 Southern California Law Review 450–501.] Two years later, that paper had morphed into a book of the same title, with the subtitle, “Law, morality and the Environment” (1974; 3rd ed, 2010; OUP). Stone’s objective…

Students demonstrating cooperation

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together; with negative linkage, if the other sinks, you swim, and if the other swims, you sink.”1)Cooperation and Competition. In M. Deutsch, P. T. Coleman, & E….

I (Bill) remember doing my first commercial mediation. I was 29, and in the presence of the four parties and their advisers I felt even younger. It was not lost on me that (as Suzanne Rab recently noted in Do You Need Grey Hairs to Mediate?) people expected someone older to walk into the room….

Mediation is already here, and it came to stay. Each day there are more and more supporters of mediation – from legislators to public institutions, and professionals who are gaining more awareness about the potential of mediation. However, it also has a long way to go. Those who decided to start working in the field…

In 2017 we find that the mediation market is lumpy. There is a relatively small pool of mediators, including the founding fathers and mothers of mediation, who firmly established credibility and respect for the discipline, who have honed their craft over the years and who are now the “go to” individuals for probably the majority…

John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from Game Theory. I (John) had been familiar with The Prisoners’ Dilemma…

Mediation as a means to resolve disputes without the assistance of the court has become more and more popular in the post-Soviet bloc countries, for example Ukraine, Poland and Lithuania. The Law on Mediation in Lithuania was adopted by Parliament in 2008. Although enthusiasts of mediation welcomed the new law, mediation has not accelerated as…

This year, I think I have seen more articles on why and how NOT to make New Year’s Resolutions than making them. I’m not sure what this says about us, or about such resolutions, but, never one to miss an opportunity to make a nice list, I have made some mediation-specific resolutions nonetheless. First of…

research

Sometimes we have to ask probing questions. Does mediation do any good? Does it make the world a better place? Is there more or less peace in our societies because of our work? This sort of research question exercises scholars and academics, but practitioners too want to believe their work makes a difference. A related…

Motivated by the desire to ensure that the dialogue on standards for mediators is informed and underpinned by research, the Mediators’ Institute of Ireland, the professional body for mediators in Ireland commissioned a piece of research on skills and behaviours in workplace mediation in 2015. The success of this project and the value of the…