In July 2014, my Kluwer Blog entry introduced readers to something referred to as “A Mediator’s Prayer”. It was created by Mr. Ting-Kwok IU, a lawyer and mediator based in Hong Kong.
I first met TK…
Do you remember mediating your first mediation? In this blog I share my early mediation experiences, calling upon the veterans amongst you to travel down memory lane and rummage around in all…
What is it about disputes in regulated sectors that make them suited to mediation?
Regulated sectors are ripe for disputes. Whether it’s the energy, financial or telecoms sector, there are often…
The U.K.’s decision to leave the EU and the voting in of the protectionist Donald Trump to the US presidency has drawn both the UK and the USA into the Nash Trap.
U.S. mathematician John Nash (the…
I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten.…
Forty-five years ago, Professor Christopher Stone published a paper entitled “Should Trees have Standing? Towards Legal Rights for Natural Objects”. [45 Southern California Law Review 450–501.] Two…
I have given a little thought as to whether my work as a mediator fits into one of the well-known “styles.” I do not see myself as an evaluative or directive mediator, but I do sometimes tell clients…
Conciliation is attracting more and more users for its prided features as an easily accessible, cost- and time-effective procedure for dispute resolution. It is supported and also evidenced in the…
Savvy litigators often tell their clients that “a bad settlement always beats a good litigation”. That may be partly because there is embarrassingly scant guidance in the literature, or even in the…
Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: "if you’re positively linked with another, then you sink or swim…
