Mediation Practice

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…

I wish to add to Michael Leathes’ recent post on his suggestion that more field-based research be done into the mediation product and Rick Weiler’s follow-up. There are really two distinct questions…

“It is pointless to do with more what can be done with fewer.” William of Ockham A colleague recently asked me to present a workshop to employment mediators on 'Time Limited Mediation.' Until that…

  Michael Leathes in his recent  thought provoking post argues for the need for more “field-based” mediation research by which he means actual observations of the live action by skilled researchers. …

Early in Sir Arthur Conan Doyle’s 1891 short story A Scandal in Bohemia, Sherlock Holmes gives Watson a lecture on the difference between seeing and observing. To test how well Watson understood,…

As mediators, we walk a delicate line between acknowledging and valuing the realities of the past and the present, with all the dysfunction and failings which have contributed to the conflict, and…

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…

[Picture credit: creative commons] Court cases not only determine issues between litigating parties, they provide guidance for others facing similar situations. For mediators and for disputants alike…

“As they sometimes say around Kyoto, 'Don’t just do something. Sit there.'" The Art of Stillness, Pico Iyer Recently I had the good fortune of watching fellow blogger, John Sturrock QC, mediate. In…