Bias

  One of the privileges of mediating is to watch leaders at work. Every party, every team, has its leader(s). And as any mediator will tell you, the way in which they choose to lead during a…

In one of my recent cases, the question of impartiality appeared in quite an irregular way. It happened when I entered the mediation room where both parties were seated together with their lawyers…

“I’ve been trying to tell you, but you didn’t listen. You’ve got to go down more deeply and take more time, you’re rushing it and it’s too superficial. You’re hardly disturbing the surface. You’ll…

In 1933 Alfred Korzybski wrote: “A map is not the territory it represents, but, if correct, it has a similar structure to the territory, which accounts for its usefulness.” More recently (2006),…

This post was prepared in cooperation with Dan Mirea. J.J. Norwich writes in his book Four Princes that one time in the 16th century the German Protestant states “Hesse, Saxony and Wuerttemberg…

I had the privilege of running a workshop with Marcus Lim (Executive Director, Singapore International Mediation Institute) at CDRC Vienna. For those of you who are unfamiliar with CDRC Vienna, it is…

I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten…

Public Service Warning: This blog post will contain spoilers. If you have not watched Arrival and intend to, please do not read any further. I’m a movie addict. I admit it. And I am ashamed to say…

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement? Perhaps even no meaningful progress towards a…