In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last month to one that didn't proceed quite so smoothly.…
This story is for you if …
The process of trading offers back and forth has failed;
You want to settle but feel your only move is to threaten to walk out of the mediation.
Transaction bargaining is…
It is trite that one of key tasks of a mediator is to sort out what Patton, Stone and Heen in their book “Difficult Conversations” refer to as the “What Happened” conversation. Although they write…
I'm not often drawn to practical tips. I once discovered that I am an "activist" learner. This apparently means that I learn best when "thrown in at the deep end" and less well when "…
The European Parliament has adopted two key legislative measures regarding ADR for consumer disputes. The first Resolution deals with the proposed Directive on alternative dispute resolution (…
Having spent the last few weeks immersed in mediation theory, conflict theory, negotiation theory and a variety of other theories for various projects, including the preparation of a mediation…
A few years ago, the mediation world was alight with gossip about the proposed launch of IMI, the International Mediation Institute (see www.IMImediation.org if you have never heard of it).…
On 4 September 2010, Christchurch – gateway to New Zealand’s scenic South Island – suffered a major 7.1 earthquake and before it could recover a further 6.3 earthquake shook the city on 22…
A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other…
Since 2010, when the Brazilian National Council of Justice (CNJ), the agency that controls and manages the quality of civil services rendered by the Brazilian Judiciary Power, issued Resolution no…