Seven Keys to Unlock Mediation's Golden Age
POSTED ON June 29, 2020 | Comments (0)

The international website Mediate.com has been publishing a series of peer reviewed articles under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. The seven keys are: Leadership, Data, Education, Profession,...

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Mediation and Juicing - Parallel Worlds?
POSTED ON June 28, 2020 | Comments (0)

One of the positive aspects of the enforced changes brought about by lockdown is that it enables – or compels – us to try new things. So far, I’ve learned how to create and have issued 13 podcasts, the idea being to spread ideas as widely...

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Mediations, using Zoom - a revelation?
POSTED ON May 29, 2020 | Comments (0)

Ten weeks ago, I had barely heard of Zoom. At that time, I was fairly sceptical about online mediation in the kind of cases I do. It could never substitute for face to face meetings with their intimacy and candour. Or so I thought. I...

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Abraham Lincoln sought compromise. So should we.
POSTED ON May 26, 2020 | Comments (0)

“Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser, in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There...

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Communication more important than ever
POSTED ON March 30, 2020 | Comments (0)

I have been writing articles for the Scotsman law pages for many years. Occasionally it has been difficult to find a topic or a theme. But this must be the most difficult of all. What does one say which has any meaning at a time...

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The World Mediators Alliance on Climate Change?
POSTED ON February 03, 2020 | Comments (0)

“The ground is so wet; it wasn’t like this in the past. We can’t get started on this year’s soil preparation.” In a recent mediation involving farmers, this was the response to my early inquiry about how things were going, generally. These days, I find...

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Can lawyers do their jobs and still act with 'kindness'?
POSTED ON February 03, 2020 | Comments (0)

Recently, I had the privilege of facilitating a session at Scotland’s Citizens Assembly at which politicians from four political parties took the opportunity to discuss with the Assembly members (more than 100 people randomly recruited from across Scotland) their vision for the future of the...

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Open and Closed Doors – A Mediator's Tale
POSTED ON November 12, 2015 | Comments (1)

I’ll start with a story. Bear with me as it unfolds. I’ll discuss the learning later. Here goes: The door closed behind me and I descended the stairs. I often take the stairs in hotels to get some exercise. Sometimes, the stairs combine as a...

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Keep Mediation and Arbitration Separate?
POSTED ON August 28, 2015 | Comments (33)

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....

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New Horizons: Keynote Address to Arbitrators' and Mediators' Institute of New Zealand
POSTED ON July 24, 2015 | Comments (93)

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...

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