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Navigating our collective journey: where are we on the boat?
I was privileged recently to give opening remarks at a meeting of mediators in the International Academy of Mediators. The remarks were a reflection on the times we as mediators are living in. I share...
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Mediations, using Zoom – a revelation?
Ten weeks ago, I had barely heard of Zoom. At that time, I was fairly sceptical about online mediation in the kind of cases I do. It could never substitute for face to face meetings with their intimacy...
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Do Black Lives Matter to Mediators?
“Racially discriminatory behavior may be reduced more effectively when racial issues are made salient rather than ignored or obscured.” (1) This week I’ve been thinking about white privilege. Ok, my...
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Mediation and Juicing – Parallel Worlds?
One of the positive aspects of the enforced changes brought about by lockdown is that it enables – or compels – us to try new things. So far, I’ve learned how to create and have issued 13 podcasts, the...
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The Activist Mediator
I wrote this piece for Strathclyde Mediation Clinic after a series of conversations with new and learner mediators. Some surprised me with their passivity in the face of parties’ lack of knowledge or...
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Reflecting on Purpose
The process of discerning what to write about in a blog is interesting. Sometimes inspiration comes quickly. On other occasions, there is a barren wilderness, or a hotchpotch of half-formed ideas. This...
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Recognising Trauma: Litigation and Politics are Harming Us
I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed....
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Changing the Frame: Some Challenging Issues for Promoting Mediation
Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature...
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Learning by Doing: The UK’s First Mediation Clinic Conference
By the everyday miracle of Zoom, Carrie Menkel-Meadow spoke from her LA office to a Glasgow conference with a worldwide audience. Wrapping up ‘Learning by Doing,’ the UK’s first conference devoted to...
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I’ll See You on the Dark Side of the Moon: Reflecting on Rapport, Trauma and...
“It’s hard to beat Dark Side of the Moon” he said. “What a piece of music.” I agreed: “Did you ever see Pink Floyd play Dark Side live? I recall being at Earls Court in 1994.” “I was there too!” he...
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A Net Zero Civil Justice System?
Some time ago, in these pages, I proposed the World Mediators’ Alliance on Climate Change. Out of that initiative grew the Mediators’ Green Pledge. Out of that we hope to see a supportive corporate...
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The Thick Line Between Mediation and Arbitration (Or Why ADR is a Weasel Word)
Law students are probably familiar with a diagram like the one above. It arranges different ways of resolving disputes according to how much say parties have in the outcome. Much as Felstiner and...
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Reflecting on the Cardinal Virtues and the Liberal Arts
Every now and again something happens to cause me to pause and think – or re-think. Recently, I had that experience at a small ruined castle in the heart of Scotland, near a lovely country town called...
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Holding On or Letting Go?
At this time of year, it is good to reflect, to look back, and also to look forward. This is not always easy as we sense the clutter and complexity of life crowding in on us. I have had the uneasy...
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Mediating Inter-Governmental Relations in the UK
Effective inter-governmental relations among the constituent parts of the United Kingdom are essential in an era of increased devolution of powers, post-Brexit allocation of responsibility and...
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The Situation in Ukraine – what role for mediation?
The escalating situation in Ukraine brings challenges to those of us committed to mediation and peace-making. Is there a time when what we stand for does not work and cannot be pursued? When dialogue,...
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Dear President Putin….a thought experiment
I have been musing about what a mediator might say to President Putin given the opportunity. That led me to compose a letter a few weeks ago, with which I have since tinkered. This is merely a thought...
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Reflections on Mediation in Practice and Bringing Parties Together
It’s been a long time since I wrote a blog just about mediation practice. Other things always seem more important! However, as I was mediating this week, a thought occurred to me about a rather...
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Reflections on the Mediators’ Green Pledge: Where Are We Now?
Back in 2020, just before the world changed, I wrote a blog post on this site suggesting the establishment of the World Mediators’ Alliance on Climate Change. My argument was that mediation offers a...
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Argument, Dialogue, Compassion – and Mediation
The former British politician (and leadership contender when the Conservative Party was choosing Boris Johnson), Rory Stewart, is making a mark as an even more independent thinker than he was in the...
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