Category Barriers to Mediation

5 mediation myths busted

Why mediate? What stops businesses from mediating disputes? These were some of the questions posed to an expert panel at the ICC Mediation Rules Launch last week. The most obvious reason to mediate is because it is efficient. Over 74% of matters filed with the ICC ADR program reach settlement once a mediator has been engaged. […]

Local Miner lashes out.

Positions and Interests: mediation in WA over mining plant and equipment  Image from vanadiuminvestingnews.com Resource investment group Atlantic Ltd and Australian based mining company Mineral Resources Ltd (MRL) are headed for “contractual mediation” in relation to the “crushing, milling and beneficiation (CMB) plant” at Windimurra, WA. According to Atlantic, it has spent over $20 million […]

Towards Healing – 5 ways to improve the process for complainants.

The Royal Commission into Institutional Responses to Child Sexual Abuse (“the Commission”) has heard evidence from a man identified only as “DK” who participated in the Catholic Church’s Towards Healing process, together with Patrick Monahan, a solicitor representing Catholic Church Insurances Ltd (CCI) and Michael Salmon, director of the Church’s Professional Standards Office. The Commission […]

Fostering trust in mediation

US Secretary of State John Kerry has been dispatched to Jerusalem to mediate the ongoing conflicts between Israel and the Palestinian Authority; but over half the Israelis polled earlier this month do not trust Kerry to act as an impartial mediator (source: FOCUS News Agency). I have written before about the importance of truthfulness in mediation […]

Lessons learned

Writing for the Huffington Post blog, Family Law Mediator Diane L Danois shares the 5 lessons she’s learned from failed mediations. Diane practices in family and relationship disputes, mediating between separating couples. As is common in the family law arena, several mediation sessions are scheduled over a number of days, weeks or even months. Two of […]

Responses to the Indonesian phone-tapping scandal; what Abbott could learn from mediation

Parties to a mediation tend to come in to the process with deeply entrenched positions. In the context of mediation, ‘positions’ means things the party wants, demands, insists upon doing or refuses to do. Positions are usually concrete and absolute. By focusing on positions, the party starts with a solution rather than an exploration of […]

Barriers to mediation: keeping secrets

image via wikipedia At the start of a mediation the parties and mediator establish the “ground rules” for the mediation process. One of the most important rules is truthfulness – being truthful with each other and the mediator and disclosing all matters relevant to the dispute. Sometimes it can be hard to know what matters are […]