Keep Mediation and Arbitration Separate?
POSTED ON August 28, 2015 | Comments (33)
My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the University of New South Wales in the annual ICC mediation competition....
Seismic Change in Mediator's Role
POSTED ON August 10, 2015 | Comments (0)
I began this piece in Christchurch, New Zealand. Nothing quite prepares you for seeing a first world city that looks in parts like a Third World town. Although the two earthquakes which devastated the city centre occurred nearly five years ago, it is still a...
New Horizons: Keynote Address to Arbitrators' and Mediators' Institute of New Zealand
I posed these questions in my keynote address to the annual conference of the Arbitrators' and Mediators' Institute of New Zealand recently, in the context of the conference theme of New Horizons: What if the way in which we have sought to resolve difficult disputes...
The Trams Inquiry--A World Leader?
POSTED ON June 17, 2015 | Comments (0)
It is refreshing that Lord Hardie has set out clear details for his inquiry into the Edinburgh trams project. It will be fascinating to see how extensively it explores the underlying reasons for decisions that were taken. There is much research into what are...
POSTED ON June 15, 2015 | Comments (0)
Recent learning from our recent Multi-Party Dialogue on Climate Change with John Ashton on 29 May At the start of the day, participants were allocated (randomly) to a five or six person stakeholder group and asked to participate in the discussions throughout the day from...
More Reflections on Mediation
POSTED ON June 12, 2015 | Comments (0)
It really is helpful to bring the key players together; in one recent matter, the two senior decision-makers were among the best negotiators I have ever observed. We met regularly throughout the two mediation days to discuss strategy, the involvement of others, the squeeze points...
A Success: Multi-Party Dialogue on the Challenge of Climate Change
POSTED ON June 05, 2015 | Comments (0)
What a day! It is rare that you come away from an event and think, wow, that was really exceptional: we made a difference. However, reflecting back on our multi-party dialogue on the challenge of climate change recently, I think that all those who were...
On the Apologies (Scotland) Bill
POSTED ON June 02, 2015 | Comments (0)
As mediators, we have frequently experienced situations where a party is able to make an apology under the confidentiality provisions and without prejudice contractual nature of the process of mediation, and that is nearly always welcome and beneficial. Apologies can constitute, in my experience, an...
POSTED ON May 29, 2015 | Comments (0)
John Nash died this week, in a tragic car accident. John Nash was the Nobel-prize winning mathematician whose theory of non-cooperative games published in 1950 has been described as one of the top ten ideas in economics in the 20th century. His theory introduced...
Multi-Party Dialogue on Climate Change
POSTED ON May 26, 2015 | Comments (0)
The general election may be passed but climate change is still with us. Reports that an oil company is predicting that keeping global temperatures to 2*C will not be achievable and is preparing for a future of higher temperatures have caused shockwaves. There is an...