mediation_practice

Business, Causes of Conflict, Commercial Mediation, Communication, Conflict, conlfict coaching, Cooperation, Dialogue, Dispute Resolution, Ethics, Europe, Experience, Flexibility, Future of mediation, International Mediation, Mediation, Mindset, Uncategorized

(University of New South Wales)/ /1 Comment

The Program on Negotiation at Harvard (PON) sends to subscribers a daily blogpost of interesting negotiation thoughts and analyses. It regularly visits the negotiation styles of world leaders with the idea that ‘by studying the negotiation styles of famous leaders, we can identify what to emulate and what to abandon’. Unsurprisingly it has shone a…

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…

Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation Practice, Neuroscience, Personal Development, Practical Challenges for Mediators, Reflective Practice, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /4 Comments

The process of discerning what to write about in a blog is interesting. Sometimes inspiration comes quickly. On other occasions, there is a barren wilderness, or a hotchpotch of half-formed ideas. This month feels like the last of these. I thought to write about a really excellent new book by the Oxford economists, Paul Collier…

Developing the Field, Experience, Instinct, Intuition, mediation models, Mediation Practice, mediation process, mediation traditions, Neutrality, Practical Challenges for Mediators, Scotland, Stages of mediation, The role of the mediator, Uncategorized, Understanding mediation

(University of Strathclyde)/ /2 Comments

I wrote this piece for Strathclyde Mediation Clinic after a series of conversations with new and learner mediators. Some surprised me with their passivity in the face of parties’ lack of knowledge or understanding. After some probing I learned that many new mediators recognise the problem but believe the model they were taught prohibits them…

Dispute Resolution, Future of mediation, Mediation Practice, Mediation Reforms (Legislation, etc.)

(Strategic Resolution)/ /2 Comments

Looking back to my lunch on a balcony overlooking the Thames in 2006, I am struck by how far dispute resolution has developed since our host, Michael Leathes, asked: “how, if we could, might we improve the dispute resolution world”? In my opinion Michael’s contribution to that development has been as significant as that of…

Commercial Mediation, Community Mediation, Developing the Field, Domestic Courts, Europe, Future of mediation, Mediation Act, Mediation and Society, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Neuroscience, Opt-Out, Promoting Mediation, Public Policy, Reform, Regulation, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /2 Comments

Being a mediator brings surprises along the way. For me, I was presented with what turned out to be the biggest challenge of my professional career last November when the Cabinet Secretary for Health in Scotland appointed me to conduct a review of allegations made by staff (through whistle-blowers) of bullying and harassment in Scotland’s…

ADR, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Litigation, Mediation and Society, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), Practical Challenges for Mediators, Scotland, Stories, Uncategorized, Understanding mediation

(University of Strathclyde)/ /1 Comment
Formality and informality

Place matters It’s good to see authors on this blog referencing academic research – see Rick Weiler’s recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas Quek Anderson (1) has got me thinking about the old chestnut of formality and informality. Anderson considers the impact on people and processes of the…

'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…

Developing the Field, Employment, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, mediation models, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), mediation traditions, Stages of mediation, Time Pressure, Uncategorized, Workplace Mediation

(University of Strathclyde)/ /Leave a comment
Time Limited Mediation

“It is pointless to do with more what can be done with fewer.” William of Ockham A colleague recently asked me to present a workshop to employment mediators on ‘Time Limited Mediation.’ Until that moment, like Molière’s bourgeois gentleman realising he’s been speaking prose all his life, it hadn’t occurred to me that this was…

Appointment of Mediators, Availability of Mediators, Class action, Commercial Mediation, Costs in Mediation, Court Procedure and Litigation, Economics, Mandatory mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients

(Weiler ADR Inc.)/ /Leave a comment

While The Kluwer Mediation Blog is aimed at an international audience and often deals with issues of transcendent import to those interested in the mediation process (like Bill Marsh’s recent inspiring post on Leadership) I can’t help but comment on recent Ontario decision that will be of interest to the mediation community here, and perhaps…