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...
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...
On this referendum day in Scotland
POSTED ON September 18, 2014 | Comments (448)
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...
Getting to Yes or No?!
POSTED ON August 27, 2014 | Comments (0)
On Thursday 4 September, Collaborative Scotland hosts a Day of Dialogue which will focus on respect and reconciliation in the lead up to, and after, 18 September. It is not about Yes and No but how we will live and work together regardless of the...
Commitment to Respectful Dialogue
POSTED ON March 18, 2014 | Comments (0)
Scotland is having a referendum on its constitutional future. As I write this, it is exactly six months until we vote. Whatever the outcome in September's referendum about independence for Scotland, in this country we will all need to work hard to ensure that we...
Cognitive Illusions Hamper Litigation Choices
POSTED ON January 20, 2014 | Comments (1)
Lawyers are as susceptible to errors in decision-making, and in giving advice to clients, as lay people, and this has a significant impact on the timing and quality of settlement of disputes. So we are told in a thought-provoking article in the Southern California Law...
Some Reflections on a New-ish Experience
POSTED ON January 08, 2014 | Comments (0)
I recently conduced a mediation in the Middle East. It was a large commercial dispute. My learning from a rather new experience is this: •One needs to understand the local nuances •Being able to show awareness of some local customs and language is respectful and...
Humility, Courage and Responsibility in Leadership
POSTED ON December 16, 2013 | Comments (0)
Jonathan Trott's decision to leave the England Ashes touring party due to a stress-related illness was widely covered and with a degree of sympathy which marks a changing public awareness of the impact of mental health issues. It also suggests greater recognition that acknowledgement of...
A tribute to Professor Roger Fisher (author of Getting to Yes)
POSTED ON September 10, 2012 | Comments (0)
The recent death of Professor Roger Fisher of Harvard University, founder of the internationally-renowned Harvard Negotiation Project, has passed relatively unnoticed in this country. But for many of us who work in the field of conflict resolution, negotiation and mediation, Fisher stands out as the...
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...