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 (1)
“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...
Starting Out Again
POSTED ON January 06, 2015 | Comments (1)
I recently had occasion to reflect on how it feels to go back to what we do after a break. The first emotion is fear. It's been a while. You're not sure how it will go. Last time wasn't too great. You feel tentative and...
International Commercial Mediation in Singapore - Lessons for Scotland?
POSTED ON November 07, 2014 | Comments (1)
A country of approximately 5.5 million people. Well placed strategically for transport links between other nations. In close proximity to a number of much larger neighbours. A reputation for honesty, fair-dealing, hospitality and good manners. Carefully non-aligned to any major power bloc. A hub for...
On this referendum day in Scotland
POSTED ON September 18, 2014 | Comments (239)
On this referendum day in Scotland, I am writing this piece without knowing the outcome. By the time most of you read this, our future will be clearer. And by then, whatever the outcome, the work of restoration, healing and moving forward together will have...