Keep Mediation and Arbitration Separate?
POSTED ON August 28, 2015 | Comments (26)
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....
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...
Disclosing who is Present at Mediation
In a recent mediation, we had to discuss whether the presence of insurers should be disclosed to the other party. I offered these views: "As you know, my initial view was that your proposal would be inappropriate on the grounds that it would place me...
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...
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...