John Sturrock’s May 1st thought-provoking blog post on mediator “fairness” styled itself a “provocation” and invited comment and response. Here’s mine. John, thank you for your thought-provoking blog post. My perspective is that of a Canadian commercial mediator with nearly 30 years experience and about 4,000 cases mediated, virtually all involving represented individual claimants and represented…
We finished module 2 of our flagship training course last week. One of our participants emailed me the next day: “I was driving up the road yesterday and mulling over one aspect of the mediation exercise we did. I get that we are facilitating adults to make fully informed autonomous decisions and that they need…
Intellectual life is beset by ‘gap’ problems. Philosophers wrestle with the ‘mind-body problem’: the gap between material and non-material aspects of human existence. All science can be construed as an attempt to bridge the gap between what is and what we can imagine: an inductive corrective to deductive supposition. Roger Cotterrell describes law’s gap problem…
