mediation process

  (This post is being republished because of technical problems when it was first published). Studying and teaching with Professor Frank E.A. Sander at Harvard in the late 80’s was life changing. The…

The Kashmir valley in India is a stressed region and though older generations have ‘lived’ through some tense winters, this generation is not ready to ‘survive’ through the silence and indifference…

“I’ve been trying to tell you, but you didn’t listen. You’ve got to go down more deeply and take more time, you’re rushing it and it’s too superficial. You’re hardly disturbing the surface. You’ll…

“Odd as it may seem, I am my remembering self, and the experiencing self, who does my living, is like a stranger to me.” (Kahneman, Thinking, Fast and Slow, (2011: 390) This blog arises from my…

(This post is being republished because of technical problems when it was first published) The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 …

I write this in the aftermath of the really uplifting and wonderfully diverse conference which I had the privilege to host and chair recently in my home city, under the auspices of the International…

One way of describing mediation is as a process that seeks to convert what is apparently a zero or negative sum game into a positive-sum game. This is to use the language of game theory, which…

As mediators, we spend much of our time contrasting mediation with, and distancing ourselves from, litigation. Before your eyes glaze over, that is not for this post. Instead, this post draws out one…

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings…