mediation process

(Written with Advocate Karleen De Mello, Goa, India) I was recently witness to a mediation session during which two seasoned negotiators behaved disappointingly. Why? On the other side was a…

“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…

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…

  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…

In October, we reported on a recent case from the Singapore High Court: Chan Gek Yong v Violet Netto. In that post, we examined the High Court’s attitude towards parties who have had a change of…

You’re mediating an insurance matter. The angry and cynical male plaintiff wails, “They’re insulting me with this offer! But, what else should I expect from a f*****g insurance company!?” The “seen…

“I hold to the idea that civility, understood as the willingness to engage in public discourse, is the first virtue of citizens.” Mark Kingwell, The World We Want: Restoring Citizenship in a…

Mediation can be seen as a tool that facilitates better decision-making, particularly in disputes, but not only. The simple tools are focusing on interests, looking for common ground and mutual…

Bloomberg (not my usual reading fodder, I confess) carried an interesting piece a couple of months ago, entitled “Meet the Real Force Behind the Brexit Talks”. Yes, it was about Brexit (yawn) but it…