Due Process

26 articles available

I come from a Western mediation tradition that argues strenuously for neutrality and impartiality in a mediator. Indeed, one of the first questions lawyers will ask when hiring me is whether or not I…

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely…

 Well, 143,000 if you believe Mr. Google -  but only one could have posted this must view for all mediators and mediation advocates. See this world class mediator in action at;  http:/…

Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is…

 Yep, it's been an up-and-down month.  More down than up if I'm honest. But hey! I've done enough of these things to know that my old Dad was right all those years ago when we'd stand at the top of a…

1. Failing to get the right people at the table. 2. Failing to explain the mediator's role as agent of reality. 3. Permitting settlement negotiations to begin prematurely - prior to permitting the…

 We are in the midst of the Rugby World Cup 2011 down here in New Zealand – which may not mean much to those nations not playing the ‘great game’ but the tournament is the 3rd largest global sporting…

In my previous life as a blogger, I wrote about things that jumped up and hit me that day, that week, that month – so it is that I report here in my very first post at this most promising blog, that…