This entry is an ongoing series focused on using Neuro-Linguistic Programming in our practice of amicable dispute resolution. For ease of reference and the convenience of readers, I will list in this…
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…
Troubling trends observed as an Ontario commercial mediator compel me to once again take up my chiclet-keyed sabre.
That the following are indeed trends in commercial mediation in Ontario is…
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…
In some mediations, I ask myself why people so resolutely retain their anger, their bitterness, or their hurt for such long periods of time. Often mediation takes place only after a conflict has…
You can get much farther with a kind word and a gun than you can with a kind word alone.
Al Capone
This popular quote attributed to the famous US mobster announce the use of force and other dirty…
During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of…
This post was inspired by conversations with a group of people that I’ve joined last weekend for an amazing field trip in Southern Carpathians.
In addition to breath-taking landscapes, mountains are…
During a trip to Vienna some time ago, I attended the “ICC Commission on Arbitration and ADR Meeting” where I had the opportunity to hear Toby Landau QC, a brilliant barrister and arbitrator from…
