mediation process

117 articles available

“For last year's words belong to last year's language; And next year's words await another voice. And to make an end is to make a beginning." T S Eliot, The Four Quartets, “Little Gidding” "Perhaps…

Place matters It's good to see authors on this blog referencing academic research - see Rick Weiler's recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas…

  Source: https://medium.com Does the currently predominant model of commercial mediation - a single session of 3 or 6 hours - support good decision-making by litigants? Some doubt is cast by recent…

This is the first in a short series of how parties and advisers can best deploy the “assets” at their disposal in a mediation. Naturally, it is written from my perspective as a mediator, and so I…

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…

A number of recent mediations have reaffirmed some essentials which I share here in the hope that they might be helpful to others: It’s not all about the money. Mr A had a very substantial claim…

  [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 …

(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…