Arbitration & Mediation

Want to Reconnect @ Mediation Cubed?

Posted on April 01, 2010
Go there[click on the title of this post to read more...]

blah... blah... bows out

Posted on August 12, 2009
Regular visitors to this blog will have noticed a gradual decline in posting over the last couple of months.Life, dear reader, has got busy and the call of the keyboard is not what it was after a 1016 posts. I have decided to pack it in.To some extent I feel this blog has achieved its aim of bringing the best of the ADR web to those who might not have otherwise sought it out...

What Difference Does a Robe Make? Comparing Mediators with and without Prior Judicial Experience

Posted on August 10, 2009
An intriguing article (abstract only) in July's Negotiation Journal (Jul 2009. Vol. 25) by Stephen Goldberg, Margaret Shaw, Jeanne Brett reporting the results of two studies;"... a glance at the rosters of some of the major mediation providers shows that between 40 percent and 60 percent of their mediators are former judges...

Live Blogging from the AMINZ Conference

Posted on August 07, 2009
Today in Wellington at Te Papa, our national museum, we are enjoying the most stimulating gathering of mediators at the New Zealand Arbitrators' and Mediators' Institute Conference '09. Program here.North Carolina mediator, attorney and author Andy Little is here as guest speaker and workshop presenter...

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Watch This

Posted on August 06, 2009
[click on the title of this post to read more...]

Improvisation, Negotiation and All That Jazz

Posted on August 01, 2009
Some while ago I started a post with;'Yeah well, I'm not sure that I get the whole 'mediators can learn from improv comedy' thing to be honest...'But since then I have read the wonderfully refreshing Improvisational Negotiation by Jeff Krivis and talked to him about the connections between jazz and mediation...

40 Superb Psychology Blogs

Posted on July 30, 2009
For those brave mediators who delve into this stuff, check out 40 Superb Psychology Blogs - this post from Psyblog lists forty of the best psychology blogs, chosen to give a broad sweep of the most interesting content being produced online.The list is split into three sections: first are more general psychological blogs, followed by those with an academic slant, followed by condition specific and patient perspective blogs...

Lines are being blurred in modern mediation practice like never before

Posted on July 28, 2009
This blog, if you care to take a sampling of past posts, is not that of a white-hat-mediator.That's because I believe life at the coalface of mediation practice is wonderfully confused, frustrating and often dirty, as I attempted to capture by one of my favourite past posts, rehearsing in poetry, but practising in prose...

Yeah, I agree with this...

Posted on July 22, 2009
"Professor Roberts argues that this prevents the parties working out a settlement themselves and instead they were dependent upon the mediator. He therefore concluded that the shuttling model was at fault; causing the mediator to get caught up in trying to get an agreement...

Nice collection of articles by AIM Institute faculty just posted

Posted on July 04, 2009
"Neutrals Reveal Tips With Their Opening Statements"By Lee Jay BermanMost mediations begin with the mediator's opening statement, much to the consternation of the lawyers (many of whom have heard them many times before) and their parties. Although most lawyers prefer to launch right into their opening statements in a mediation, the mediator's speech can be very helpful...

Deal or No Deal: Improving the Odds of Successful Mediation

Posted on July 02, 2009
I have posted before on Don Philbin's masterpiece The One Minute Manager Prepares for Mediation: A Multidisciplinary Approach to Negotiation Preparation published in vol 13 of The Harvard Negotiation Law Review and a serious piece of work.Don is now conducting an hour long ABA teleconference and live audio webcast Deal or No Deal: Improving the Odds of Successful Mediation on Tuesday, July 14 at 1pm Eastern (12:00 PM Central/11:00 AM Mountain/10:00 AM Pacific)...

Expanding the Mediation Pie

Posted on July 01, 2009
Just posted today is Expanding the Mediation Pie by Michael Leathes, Director of The International Mediation Institute;"As professionals gingerly tiptoe on the road out of recession, their travel bags need to be packed with new gear. Considered unfashionable in the past, the winds of economic hardship have blown in former style icons...

IMI Registrations Top 1,000 Worldwide

Posted on July 01, 2009
July 1; IMI completed its Experience Qualification Path on June 30 2009. Over 1,000 experienced mediators from 35 countries took the opportunity to register on the IMI portal during the EQP period [read more]. [click on the title of this post to read more...

The International Journal of Conflict Management is free all week

Posted on June 30, 2009
The International Journal of Conflict Management will be free to access online this week.Simply visit the journal?s homepage and access the content through the table of contents. [click on the title of this post to read more...]

Dinosaurs walk amongst us

Posted on June 24, 2009
Today a lawyer told me to write him a letter as he did not believe in email.He should watch this video played at Sony's Executive Conference this year.[click on the title of this post to read more...]

Logo poll results

Posted on June 24, 2009
Thanks to all those who took the time to vote on my Old vs New Logo Challenge.Here are the results.Jeff Thompson even gave me some options - he's a clever cookie; [click on the title of this post to read more...]

By popular demand

Posted on June 22, 2009
I have had a number of emails about my last post where I mentioned a law firm breakfast I had last week to chat about 10 suggestions I had for lawyers heading into a mediation.Here are the first 5;I've just had a call from a lawyer with whom I have a large mediation coming up in late November...

TheTriumph of Soft Skills

Posted on June 20, 2009
I sat in for a chat about mediation at a Big Law breakfast this week (juice, muesli, black coffee) and we talked about the evolving face of the new lawyer as well as 10 things lawyers should do in mediation.They are on to it. They know what their clients are looking for...

Mediation Logo

Posted on June 17, 2009
Having just posted my 1,000th post for your reading pleasure my dear reader, I hope I have earned the right to ask for something from you in return?If so, would you please give me a simple thumbs up/thumbs down on this new logo I'm thinking of adopting (my old one appears at the bottom of this post);[New Logo] Take the pollFree Poll by Blog Flux[Old Logo][click on the title of this post to read more...

From Zero to Hero

Posted on June 16, 2009
I get my best insights into how lawyers see mediators when I occasionally share a ride to the airport with one of them after a mediation (yeah I know, but I always check with the group and then only if we have got a result).Today, unprompted, my colleague shared with me and the cab driver that the most impressive thing about a mediator who's on their game is the ability to go from a standing start to 100kph on the facts that the lawyers have lived with for months - and once there, to apply some rigour before bottom-lining the big points to focus the parties on what's important to their decision some hours away; legal, factual and especially commercial...

Mediation ? an integral part of our litigation culture

Posted on June 10, 2009
8 June 09 - Speech by Lord Clarke of Stone-cum-Ebony, Master of the Rolls - Mediation, an integral part of our litigation culture Littleton Chambers Annual Mediation Evening, 8th June 2009Hat tip to Current AwarenessP.S. Stone-cum-Ebony ??![click on the title of this post to read more...

Rethinking Negotiation Teaching

Posted on June 09, 2009
When I met Chris Honeyman in New York recently he was excited about his new book (well not his alone exactly. His co authors are many).He was excited because not only was his book a winner, it was going to be available at a very reasonable price in hard copy ($26) or chapter by chapter online and free from Hamline University School of Law...

MediAsian has a good roundup of the AMA Conference

Posted on June 08, 2009
A great new blog on the ADR block (and one of the first to be seen out of Asia), Prof. Ian Macduff's MediAsian has a very useful summary of the take-homes from last week's 1st Asian Mediation Association Conference in Singapore.Ian, the Director of the new Centre for Dispute Resolution at the Singapore Management University and a friend of this blog, is a very thoughtful academic and experienced practitioner (Sri Lanka, Italy, Geneva and other parts) - grab a feed to MediAsian and sit back for rare insights into Asian mediation and dispute resolution from an Asian insider...

Three Things to Be Against ('Settlement' Not Included) - a Response to Owen Fiss

Posted on June 05, 2009
Just out.Three Things to Be Against ('Settlement' Not Included) - a Response to Owen Fiss (May 30, 2009) Fordham Law Review, forthcoming. From Michael Moffitt of ADR Prof Blog and University of Oregon. Anything Michael writes is worth your time."... compare the sloppy reality of settlement in practice with the sloppy reality of litigation in practice...

Images from the 1st Asian Mediation Association Conference today in Singapore

Posted on June 04, 2009
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You heard it here first; New Zealand voted most peaceful nation on earth (and is a great place to be a mediator)

Posted on June 03, 2009
The Global Peace Index annually rates countries against a set of criteria including commitment to UN peace keeping, crime levels, political stability and respect for human rights.New Zealand has moved up the rankings from number three in 2008 to beat Denmark and Norway to the top spot...

Ahhhh.... Asia

Posted on June 03, 2009
Stand by for tall tales but true from the 1st Asian Mediation Association Conference here in Singapore today and tomorrow.Asia is weathering the global financial storm well with construction cranes still appearing on the skyline and taxi drivers not overly stressed if you decide to walk past them in the 33C heat...

The 1st Asian Mediation Association Conference, Singapore

Posted on June 01, 2009
I am on my way to the 1st Asian Mediation Association Conference "Mediation Diversity ? Asia & Beyond? to be held in Singapore at the end of this week.President Martti Ahtisaari, 2008 Nobel Peace Prize Winner and former President of Finland, will be the keynote speaker...

Could you get any better proof?

Posted on May 27, 2009
Santa Clara Courthouse dispute headed to mediation... and to make matters worse, one of the Bay Area's finest is charging $25,000![click on the title of this post to read more...]

Which Date Works for your mediation?

Posted on May 24, 2009
There are a number of meeting scheduling applications available on the net but this is one I will definitely use.WhichDateWorks.com which was profiled recently over at Steve Mehta's Mediation Matters blog is free and it's perfect for mediators who schedule day long mediations...

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