apologies

Dispute Resolution, Japan, lawyers in mediation, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Neuroscience, Practical Challenges for Mediators, Reflective Practice, Scotland, Stories, The role of the mediator, Time Pressure, Uncategorized

(Core Solutions Group)/ /Leave a comment

“You’ve done what?” It took just a moment. The red mist descended. The words were out before I could haul them back in. “You’ve just gone behind my back and undermined what I set out, and we had agreed, we would do….you might at least have had the courtesy…..” The lawyer had just told me…

Apologies, Apology, Conflict, Mediation Reforms (Legislation, etc.), Scotland

(Core Solutions Group)/ /2 Comments

It is perhaps rare for a piece of legislation to receive enthusiastic cross-party support in any legislature. However, that is just what has happened in Scotland with the very recently passed Apologies (Scotland) Act 2015. Over more than two years, Margaret Mitchell MSP has piloted this legislation through the Scottish Parliament with skill and tact….

Apology, Causes of Conflict, Communication, Creativity, Dispute Resolution, Guitar, Humorous Pieces, Mediation Practice, Negotiation, Scotland, Tips, Uncategorized

(Core Solutions Group)/ /2 Comments

‘Tis the season to be merry. And indulgent. ‘Tis also the season when favourite songs are compiled by well-meaning souls into apparently themed collections. In the UK, we have a long-running radio show called “Desert Island Discs” in which celebrities and others select their favourite pieces of music as they reminisce about their lives. The…

Business, Causes of Conflict, Commercial Mediation, Communication, Conflict, Costs in Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, General, Improvisation, Interests, Joint Sessions, Mediation Agreement, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Negotiation, Neuroscience, Scotland, Skills, Sport, Stories, Success in mediation, Uncategorized

(Core Solutions Group)/ /6 Comments

As 2014 comes to an end, it is good to reflect. How privileged many of us are. I often remark to others that my “job” is better than “real work”. What do I mean when I say that? As mediators, we have an extraordinary window through which we view life, other people and what happens…

Apologies, Apology, Communication, Cross-cultural, Intuition, Mediation Practice, Nigeria, Scotland, Transformation, Uncategorized

(University of Strathclyde)/ /5 Comments

I have written before on this blog about ‘mediating from the neck up’: my conviction that I was taught (and teach) a rationalistic, even cerebral, process that privileges thought over emotion and language over movement (see http://kluwermediationblog.com/2013/12/13/mediating-from-the-neck-up/ ). As I acknowledged at the time, having this insight and doing something about it are two quite…

Apologies, Apology, Clients, Conflict, Improvisation, Instinct, Intuition, mediation models, Mediation Practice, Scotland, Skills, Stories, Uncategorized

(University of Strathclyde)/ /Leave a comment

In the last year I have had the privilege of joining a group of mediators for their monthly CPD (continuing professional development). We are all loosely in the commercial sector, which can include workplace, family business and public sector disputes. This being Scotland (see previous posts on judicial resistance to mediation) no-one is making their…

Apologies, Clients, Creativity, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, mediation models, Mediation Practice, Mediation Schemes (In Courts, etc.), National Mediation Laws, Regulation, Scotland, Uncategorized

(University of Strathclyde)/ /1 Comment

Mediation is often portrayed as a useful vehicle for disputes between equals, where parties can be expected to speak for themselves and neither has significant power over the other. Critics, and even supporters, become more sceptical when it comes to less symmetrical situations. Complaints against professionals are one such category. The professional is seen to…

Apologies, Mediation Practice, War Stories

(Diane Levin LLC)/ /2 Comments

Plastered onto the rear fender of my next-door neighbor’s Honda is a bumper sticker that asks, “If you can’t change your mind, are you sure you still have one?” It’s a cheeky question perhaps, but nonetheless a relevant one. With an election year coming up in 2012, the American presidential campaign season is in full…