(This blog is adapted from a longer version published by Prof John Lande as part of Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement. The Theory of…
Photo credit: Creative Commons Jean M.Mas 2/2007
Although my mediation training made no mention of it, 32 years of mediating have taught me that mediations generally unfold over two stages:
Stage 1…
"The pessimist sees difficulty in every opportunity. The optimist sees the opportunity in every difficulty." - Winston Churchill
Improving Habit of Thinking
The popular quote attributed to the…
The word “manipulation” has a bad name. It is usually used to denote devious and underhand behaviour. If we say that someone is being manipulative or that someone is a manipulative person then we are…
[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…
Alright, idiots, what's the problem? And don't waste my time!
“Hi, I’m Rick. I’m your mediator for today. I can’t decide what happens in this dumb dispute or how you resolve issues. My job is just…
As the practice of cross-border mediation grows, it is imperative for legal and other professional advisers involved in drafting mediated settlement agreements (MSAs) to become familiar with how…
[Picture credit: creative commons]Although infrequent, court cases against mediators are illuminating, helping us avoid being dragged into court ourselves.
Here’s an example
In Tapoohi v Lewenberg …
You are usually at a disadvantage for you will take over the boat in midst of the conflict storm without having the chance to prepare the crew and to check on the ship. Yet you are charged to…