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...

Full Story

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...

Full Story

It Could Only Happen to a Mediator?
POSTED ON December 31, 2013 | Comments (2)

It's one of your biggest ever mediations. The sums seem huge - to you. You could buy a small country with the cash. The stakes are high. The ranking of the principals is higher and, you are told, their expectations of you, the mediator, are...

Full Story

Key people of influence?
POSTED ON November 21, 2012 | Comments (0)

I commend the book Key Person of Influence by Daniel Priestley. It is one of those books the title of which might seem off-putting, but which captures well the phenomenal changes in the world of business and communications, especially social media, in recent years. It...

Full Story

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...

Full Story

Medical Claims - need for a better way?
POSTED ON June 11, 2012 | Comments (0)

An interesting new Study of Medical Negligence Claiming in Scotland was recently published (http://www.scotland.gov.uk/Resource/0039/00394437.pdf). Its main findings included:   Patient grievances appear to involve an often complex and overlapping mix of concerns about communication breakdown, poor staff attitudes, inadequate general care and generally feeling disempowered....

Full Story

Negotiating Beyond Boundaries
POSTED ON April 24, 2012 | Comments (0)

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...

Full Story

Mediation or Meditation - the Missing Link?
POSTED ON March 19, 2012 | Comments (0)

What is it that makes mediation such an effective process for so many disputes? Why do so many long-running conflicts reach a solution in a day of mediation? Is there some sort of magic in what the mediator does? At the start of a mediation...

Full Story

Game Theory
POSTED ON February 13, 2012 | Comments (0)

I have recently been studying Game Theory but only superficially (see Game Theory and the Humanities (Brams) and Super Cooperators (Nowak, a brilliant book). My son, David is studying the real thing at the moment at university. Recently, he sent me the lecture slides for his...

Full Story

Towards Better Dialogue? - Part 2
POSTED ON March 05, 2012 | Comments (0)

I finished last week's post with this: Arguably we need to learn a new way of conversing, moving from debate to dialogue. What might this new learning involve? Here are some thoughts. Undoubtedly, there is a process to follow, which will enhance dialogue. Firstly, we...

Full Story