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During mediation my heart sinks whenever I hear a party say they can’t give anymore without compromising their ethics or values. Why has compromise become a deal-breaker with such a negative association of giving up or giving in? It doesn’t have to be like that – and parties in mediation s...
Nobody could have predicted last year’s pandemic. Nor could anyone have envisaged how quickly remote mediation would be embraced by mediators and mediation users alike. But there it is. Now here we are in 2021 and COVID-19 continues to affect our lives and businesses – so what might this mea...
‘Should mediators specialise?’ was the question Rebecca Clark was invited to debate at the annual CMC conference in November. In this post she reflects on the nature of debate. She suggests that by reducing complex questions to a yes or no decision, all of the nuances and points where we cou...
What’s that saying – the best laid plans of mice and men often go awry? Well thanks to Covid-19 that was certainly apt for many of us in 2020. For IPOS, it was the year we were planning to celebrate our silver anniversary – 25 years since Mark Jackson-Stops founded our mediation chambers i...
Andrew Miller has been asking whether it is necessary for a mediator to have a legal background and, if not, what should a mediation user be looking for when they choose their mediator?
Even the most ardent supporters of mediation accept that it’s not a panacea for all disputes. But it very clearly IS the case that mediation has much more to offer than currently it is given credit for. Those of us who practise as mediators glance around at a global society riven with confli...
Last week Rishi Sunak warned that, as a result of the pandemic, the UK economy is expected to suffer the worst recession for more than 300 years. On Friday, the British Institute of International and Comparative Law (BIICL), one of the world’s leading independent legal research centres, dis...
It never ceases to amaze me how often parties say that their emotions play no part in a dispute. Absolutely not, they tell me at the start of a commercial mediation. They profess to be emotionally detached, rational, fair and reasonable – yet later in the day it often becomes clear that emotio...
As mediators, we frequently find ourselves mediating disputes between businesses where the parties have fallen out to such a degree that one wonders how it could have got this bad. Surely, one thinks, if they’d only just talked, it wouldn’t have got to this point. However, something happened...
In a momentous court case affecting around 370,000 policyholders, 60 insurers and 200 different insurance policy wordings, last month the High Court handed down its highly-anticipated judgment in the Financial Conduct Authority’s COVID-19 Business Interruption Insurance test case. Here, Charle...
The Wolf I have in mind inhabited Wall Street, not a fairy tale. During lockdown I made a point of watching negotiation movies and this got me thinking – what can mediators learn from their theories, their teaching and their methods.
"Finally!” was the reaction in the UK mediation community on 3rd May 2023, the day the UK signed the Singapore Convention on Mediation. For UK dispute resolution lawyers and mediators, this announcement was long awaited as the Singapore Convention was first opened for signature back in 2019.