Confidentiality and Transparency

 This is where I did my best work in Christmas week – in the twilight zone between the joint session room to the right of the water cooler and the private caucus room off to the left by the green…

As Ella Fitzgerald used to sing, Summertime and the livin’ is easy. Your faithful Canadian correspondent knows you are craving mediation-related reading to help you while away those lazy, crazy-hazy…

Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer. As arbitration and mediation are both…

In June 2012 the Hong Kong Legislative Council passed the Mediation Ordinance (MO), the first piece of legislation on mediation in Hong Kong SAR. The MO was a much awaited and highly anticipated law…

We mediators need to market our wares, just like the fruiterer at my local Sunday Farmers' Market when he calls out prices from behind his stall. Increasingly some mediators are choosing to do this…

Theories are simplified models of reality. They have the advantage of shedding light on complex subjects through a simplified and understandable set of ideas. Theories help to describe, explain,…

To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator's opening speech, and the secrecy/privacy of the…

We were pleased to see the recent launch of the Commercial Mediation Group covered by the Editor’s blogpost last month. So why set up the Group, what are we doing and where is this headed? As for the…

In mediation, the art of the mediator is to lead the mediation participants to the best possible solution of their conflict, based on their underlying interests. It is the art of seduction to shift…