Key Learning Points from Recent Mediations
"What's been going on in recent mediations", asked a colleague. "Any highlights?" The trouble with doing anything on a regular basis is that you can omit to reflect on the learning from each occasion. So, for me, here are some takeaways from the past few...
Proper Debate is Worth Talking About
POSTED ON May 05, 2015 | Comments (0)
Considerable attention has been paid to the Justice Minister’s response to Lord Bonomy’s review of the proposed abolition of the law on corroboration in criminal trials. This has eclipsed comments made the previous week by the Lord Justice Clerk, Lord Carloway, who initiated the proposal,...
Reading for Mediators....
POSTED ON April 30, 2015 | Comments (0)
It’s funny how one thing leads to another. A good friend of mine from Singapore, Ian Macduff, posted a great blog on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble...
Dealing with Apparent Intransigence
POSTED ON April 14, 2015 | Comments (0)
I have been reflecting on how we, as mediators, deal with the seemingly implacable hurt, anger and frustration we sometimes find in mediations, where people can appear willing to bring a whole enterprise down (whatever that enterprise may be). Often this is associated with what...
POSTED ON March 25, 2015 | Comments (0)
There was an interesting exchange among some international mediators recently about the culture of negotiation in south-east Asia and how, as a mediator, one copes with different cultures. It occurred to me that we need to be careful not to see culture as merely a...
POSTED ON March 09, 2015 | Comments (1)
A recent survey at a conference in London pointed to very significant differences between users (generally favourable to mediation) and their advisers (whether in house or lawyers in firms, who appeared far more resistant to using mediation). The reasons are no doubt complex and the...
Getting to Yes – with Yourself
POSTED ON March 03, 2015 | Comments (0)
“In the morning when I look at myself in the mirror, I like to remind myself that I am seeing the person who is probably going to give me the most trouble that day, the opponent who will be the biggest obstacle to me getting...
POSTED ON February 18, 2015 | Comments (0)
I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a...
Building Blocks for Achieving the Best Result in Mediation
POSTED ON February 12, 2015 | Comments (0)
I have just come from a meeting with a senior member of the legal profession. “What can you do”, he asked “to help persuade clients to agree to mediation?” I was rather surprised that this question was still being asked but, of course, there are...
Communication Key to Solutions
POSTED ON January 12, 2015 | Comments (0)
As another year dawns, it is good to reflect. How privileged many of us are. We are given opportunities to help people who face difficult and important matters. Often these have a significant impact on the lives of those affected. Each deserves to be treated...