Are mediators merely dealmakers?
POSTED ON May 24, 2012 | Comments (0)
Is it the job of the mediator to ensure that the parties do a deal? Is that implicit (if not explicit) in our contract with them? At a recent meeting of senior mediators, some took the view that this is what the parties expect. Others...
A handshake is easier to enforce than a judgement
POSTED ON May 17, 2012 | Comments (0)
"A handshake is easier to enforce than a judgment." The words of Robert Webb QC, former General Counsel at BA, at the first of two fascinating conferences I attended this week, both wrestling with promoting the use of mediation. In London, the Civil Mediation Council...
Civil Discourse and Collaborative Governance
POSTED ON May 01, 2012 | Comments (0)
The American Bar Association recently reaffirmed the principle of civility as a foundation for democracy and the rule of law. Its Resolution 108 goes on: "When dealing with the public as well as one another, lawyers should set a high standard for civil discourse as an...
Negotiating Beyond Boundaries
POSTED ON April 24, 2012 | Comments (0)
I had the good fortune to attend an inspiring talk by Israeli negotiator, Moty Cristal, at the ABA dispute resolution conference in Washington. A veteran of many of the toughest negotiations in the Middle East, he affirmed many of the key messages about negotiation as...
Mediation or Meditation - the Missing Link?
POSTED ON March 19, 2012 | Comments (0)
What is it that makes mediation such an effective process for so many disputes? Why do so many long-running conflicts reach a solution in a day of mediation? Is there some sort of magic in what the mediator does? At the start of a mediation...
Mediation Representation: new book
POSTED ON March 12, 2012 | Comments (0)
I recently received a copy of the second edition of Hal Abramson's excellent publication: Mediation Representation. Published by Oxford University Press, this is a comprehensive guide for those representing clients in mediation--and to negotiation generally. It is written for the market outside North America and...
POSTED ON February 13, 2012 | Comments (0)
I have recently been studying Game Theory but only superficially (see Game Theory and the Humanities (Brams) and Super Cooperators (Nowak, a brilliant book). My son, David is studying the real thing at the moment at university. Recently, he sent me the lecture slides for his...
Towards Better Dialogue? - Part 2
POSTED ON March 05, 2012 | Comments (0)
I finished last week's post with this: Arguably we need to learn a new way of conversing, moving from debate to dialogue. What might this new learning involve? Here are some thoughts. Undoubtedly, there is a process to follow, which will enhance dialogue. Firstly, we...
A Civil Justice Council for Scotland?
POSTED ON January 26, 2012 | Comments (0)
Core recently responded to the consultation on a proposed Scottish Civil Justice Council. We expressed the view that this proposal seems to be an essential component in delivering an effective system of dispute resolution in Scotland in the future. We said that having a broad-based...
Towards Better Dialogue?
POSTED ON February 28, 2012 | Comments (0)
This post is an excerpt from a fuller piece on mediate.com - link here. Much has been written about the need for better dialogue in Scotland and the world as we seek to find effective ways to address some of the seemingly intractable issues we...