Disclosure

The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the…

In the house of a poor man, a lizard was accustomed to come to the table and thereby kept himself alive on crumbs. During this time, everything went well with both the animal and the host whose…

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…

Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that…

(This post is being republished because of technical problems when it was first published). Thanks to Martin Svatos, for pointing out in his recent blog a number of cases where mediators or would-be…

Shortly after the neighbourhood mediation started, one of the parties turned to me her eyes flashed with anger: “Everything that he is telling is false, do not listen to him…” The other party got…

This post was prepared in cooperation with Bogdan Matei. Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality…

This year in the UK we are celebrating the 800th anniversary of the Magna Carta, or “Great Charter”. Signed in 1215, it remains one of the most famous documents in the world, and central to the…

Its interesting to me that when you Google "lying" and "mediation" you are redirected to "lying" (as in lying down) and "meditation". Recently my attention was drawn back to the old issue of…