Impasse

  Fisher and Ury’s Getting to Yes (first published in 1981 and never out of print)  was followed ten years later by Ury’s Getting Past No.  Both made a significant impact on our negotiation…

On 31 August 2023, I spoke at the Maxwell Chambers of Singapore on “Facilitative and Evaluative Models of Mediation: Is the Distinction Still Meaningful or Simply Arcane Semantics? Is it time to…

It's been a while since I wrote about practical tips for mediators. Yet when I ask people what they want from training or teaching the commonest answer is... practical tips. I offer some below on…

It is trite that developing trust with parties and as between the parties is a vital part of the mediation process and what makes it work. This is of course easier said than done. I have previously…

In an increasingly turbulent and polarised world, where fear and anxiety are on the march and divide and rule is more in evidence, it is tempting to circle the waggons to keep those who disagree with…

“In negotiations of all kinds, the greater your capacity for empathy – the more carefully you try to understand all of the other side’s motivations, interests and constraints – the more options you…

  [Picture credit: creative commons]  Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a…

“If you had not held us back that evening, the deal would not have been done.” “Thank you and I wish you well.” In this post, I return to a familiar theme for mediators and for lawyers acting for…

  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…