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 (432)
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...
A Dispute Resolution Clause
POSTED ON July 10, 2014 | Comments (3)
Recently, we had cause to specify a form of mediation clause for a public sector contract. Here is a revised version of what we agreed. What do readers think? “Dispute Resolution 22.1.1 The parties must attempt in good faith to resolve any dispute, difference...
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...
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 (1)
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...
Bargaining with the Devil?
POSTED ON December 08, 2011 | Comments (0)
Harvard Professor, Robert Mnookin, in Bargaining with the Devil, poses the question: should we ever negotiate with evil? At a presentation in Oxford recently, he suggested that we should probably do so more often than we might think. There should be a presumption in favour...
POSTED ON November 08, 2011 | Comments (0)
I had the privilege last week of leading advanced mediation training for a group of barristers at the Bar of Northern Ireland in Belfast. As we drove into the city via the Crumlin and Shankhill Roads, we were reminded of the conflict that had been...
POSTED ON September 09, 2011 | Comments (0)
On September 11 2001, I was in London, leading training with fellow senior mediators. At some point in the afternoon, David Richbell, a senior colleague, came into the room. He described two incidents in the United States and said that the twin towers of the World...