Last week I spent some time with a European mediation organisation looking to review its mediator accreditation and practice standards. Somehow I expected a discussion about various accreditation initiatives around the world with perhaps some exploration of “mediation models” and how they fit into national regulatory frameworks. I was pleasantly surprised. What ensued was a…

QMU

“Patients don’t expect doctors to be perfect. They do expect them to strive for perfection by opening up their work to scrutiny” Atul Gawande, Desert Island Discs, BBC Radio 4, 6/12/15. A bit of a treat for me last week, when four of my favourite academics came to Edinburgh. They were keynotes at Mediate Scotland…

Many jurisdictions have grappled with the extent to which their courts should get themselves involved in the mediation of litigated cases. Many different approaches have found favour around the globe, with diverse programs being implemented in courts from Hong Kong to Florida and places in between. Some courts are hands off while others are heavy handed…

In recent weeks, I have had the privilege of mediating and facilitating in different matters with representatives of four governments . On one occasion they were on the same “side”; on another, notionally on different sides. A common theme to emerge was the needs and behaviours of political masters who were not present. The representatives…

The recent blog entry by Matthew Rushton (23 August) is a reminder of what changes can and do happen across the diverse landscape of mediation, and of the ways in which the “classical” model of mediation is probably as much a fond memory as it is a consistent practice. In both practice and training, we’ve…

“Mediation” in some Criminal Cases Recently (24th June 2015) a Judge of the Madras High Court (India) while hearing a bail appeal of a man convicted of raping a young girl, agreed to the bail request on condition that the man try “mediation” with the victim.1)http://www.hindustantimes.com/india-news/madras-hc-gives-bail-to-rape-convict-to-mediate-with-victim/article1-1362173.aspx Mediation is aimed at marriage. “The case before us is…

Market resistance to the use of joint sessions is best illustrated by data from a survey of JAMS neutrals conducted in April 2015. 76% of JAMS’s 300-plus neutrals responded, and the data show both a decline in the use of joint sessions, and a clear discrepancy between East and West Coasts. 80% of neutrals surveyed…