Mediation training

Bias, caucus, Caucus, Cognitive Bias, Commercial Mediation, Communication, Confidentiality, conlfict coaching, Decision making, Developing the Field, Dispute Resolution, Flexibility, Intuition, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Mediation Skills, Mediation Training, Negotiation, Practical Challenges for Mediators, Reflective Practice, Scotland, Stages of mediation, The role of the mediator

(Core Solutions Group)/ /3 Comments

It’s been a long time since I wrote a blog just about mediation practice. Other things always seem more important! However, as I was mediating this week, a thought occurred to me about a rather imperceptible but very real change in my practice as a mediator, which I develop here, albeit in a simplified way….

Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Practice, Mediation Schemes (In Courts, etc.), Mentoring, Reflective Practice, Reflective practise, Scotland, Training, Uncategorized

(University of Strathclyde)/ /Leave a comment
University of Strathclyde, host to Learning by Doing, mediation clinic conference

By the everyday miracle of Zoom, Carrie Menkel-Meadow spoke from her LA office to a Glasgow conference with a worldwide audience. Wrapping up ‘Learning by Doing,’ the UK’s first conference devoted to mediation clinics, her keynote described the inspiration for a whole career: a colleague in her legal aid office in the 1970s. While Carrie…

Accreditation, Australia, Communication, Dispute Resolution, Future of mediation, Mediation, Mediation Outcomes, Mediation Practice, Mediators’ Conduct

(University of New South Wales)/ /Leave a comment

The Harvard Program on Negotiation (PON) has provided a life-changing experience for many of us. It certainly changed the trajectory of my life and triggered a life-long immersion in conflict resolution theory and practice. I am immensely grateful. The program has been an evolutionary one – regularly enhanced and updated to fit the frame of…

Appointment of Mediators, Co-mediation, Commercial Mediation, Developing the Field, Discrimination, Experience, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation and Society, mediation as a career, Mentoring, Personal Development, Practical Challenges for Mediators, Scotland, Uncategorized, Young Mediators

(University of Strathclyde)/ /3 Comments
Do Black Lives Matter

“Racially discriminatory behavior may be reduced more effectively when racial issues are made salient rather than ignored or obscured.” (1) This week I’ve been thinking about white privilege. Ok, my white privilege. Like much of the planet I was horrified by the casual, almost routine asphyxiation of George Floyd. I wasn’t surprised by protest and…

'Money-only' Cases, Accreditation, ADR, Appointment of Mediators, Argument, Australia, caucus, Clients, Commercial Mediation, Conflict, Court Procedure and Litigation, Creativity, Dispute Resolution, Evaluative Mediation, Impasse, Interests, Joint Sessions, Judges as mediators, Lawyers, lawyers in mediation, Legal Issues, Litigation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Practical Challenges for Mediators, Preparation, Set Aside a Mediated Agreement, Settlement Agreements, shuttle mediation, Success in mediation, The role of the mediator, Time Pressure, Understanding mediation

(Strategic Resolution)/ /Leave a comment

  Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a mediation appears to have resolved successfully. They can rescue us – helping us identify and avoid previously unforeseen difficulties. Here’s an example Mr. and Mrs. Studer moved…

ADR, Communication, Developing the Field, Dispute Resolution, Intuition, Mediation Practice, Neuroscience, Perception, Training

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

Quite often, we hear mediators and mediation trainers using the fable of “Blind Men and an Elephant”, which is a story about several blind persons describing an elephant differently out of their own experience by way of their respective touches of the different parts of the same elephant, to illustrate that a party’s own interpretation…

Co-mediation, Cross-cultural, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), lawyers in mediation, Mediation Lawyering, Mediation Practice, Negotiation, Promoting Mediation, Scotland, Training, Uncategorized

(University of Strathclyde)/
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….

Bias, Business, Clients, Cognitive Bias, Commercial Mediation, Communication, Deal Mediation, Decision making, Developing the Field, Dispute Resolution, Efficiency, Fear, General, Growth of the Field (Challenges, New Sectors, etc.), Improvisation, Interests, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Neuroscience, Practical Challenges for Mediators, Scotland, Skills, Sport, Stories, Success in mediation, Trust, Understanding mediation

(Core Solutions Group)/ /Leave a comment

The Olympics have come and gone with all of the emotion and inspiration they bring. In our recent, fully-subscribed, residential Summer School on mediation skills for leaders, we reflected on the learning from Rio. We watched a video replay of the men’s taekwondo -80kg final in which Team GB’s Lutalo Muhammad lost to his Ivory…

Accreditation, cross-border mediation, Europe, International Law, Mediation Users/Clients, Regulation, regulatory robustness rating for mediation, Standards, Training

(Sabine Walsh Mediation)/ /1 Comment

This post will be the first of a series focusing on individual aspects of regulatory robustness, as introduced in previous blogs by Nadja Alexander and applied in the context of Ireland by the two of us in our last post. With so many areas to focus on, it was difficult to choose one to begin…

Conflict, Developing the Field, Impasse, lawyers in mediation, mediation models, Mediation Practice, mediation process, Mistakes, Tactics, Tips, Understanding mediation

(University of Strathclyde)/ /5 Comments

Despite some scepticism about the value of “roleplay” most mediation training involves asking people to run a pretend mediation session. I’ve tried various euphemisms to ease trainees’ anxiety – “skills practice”, “simulation”, “sitting with conflict” – but none seems to make it any less daunting. You can read about this activity, watch others do it,…