Ever since I started Law School, and for some years throughout my legal career, I was trained to work with the Win-Lose negotiation approach. Our legal culture glorifies the winners, but lacks…
"They also serve, who only exchange offers."
A recent mediation experience serves to reinforce the value of patience in mediation - for the parties and for the mediator. The tort mediation, involving…
The problem: Many cases involve multiple claims and have limited resources to divide up. For example, if several people are injured and an insurance policy has been tendered, the injured victims have…
[Author's Warning: This entry involves references to and discussions about the system of Cartesian Coordinates and how it might assist mediators in reality testing and reframing. Readers with a Math…
Another new mediation venture in Scotland: last week saw the launch of University of Strathclyde Mediation Clinic (http://www.strath.ac.uk/humanities/lawschool/mediationclinic/ ). While by no…
Just remember - you heard it here first: we are witnesses to the birth and education of a new species (or sub-species): “Homo Appiens”. The identifiable characteristics of this species is the…
Her Majesty's Revenue & Customs (HMRC), a department of the UK Government responsible for the collection of taxes, published the results of its pilot ADR project evaluation. It has been testing a…
As Ireland again, or still, struggles with its socio-political identity, its legal and moral values, and the role of the Catholic church in all of this, it seems like only yesterday the debate raged…
Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly what that means but to my mind we were essentially taught to own the…
“If we listen attentively, we shall hear amid the uproar of empires and nations, the faint fluttering of wings, the gentle stirring of life and hope. Some say this hope lies in a nation, others,in a…
