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...
Keep Mediation and Arbitration Separate?
POSTED ON August 28, 2015 | Comments (23)
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...
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...
It Only Takes a Few Moments....
POSTED ON July 30, 2014 | Comments (0)
It was just a few moments. “You can’t play on our course without proper golf shoes.” “But we played here two days ago in these shoes.” “My colleague must have made a mistake”. “But it was you who let us play…”. “It’s in our rules.”...
A Dispute Resolution Clause
POSTED ON July 10, 2014 | Comments (2)
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...
Commitment to Respectful Dialogue
POSTED ON March 18, 2014 | Comments (2)
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...