Med-Arb and other hybrid processes have been received with reluctance in the United States and UK, mainly because of ethical concerns of the arbitrator. Outside of common law countries, however, the legal culture has been more welcoming to the involvement of an adjudicator — whether a judge or an arbitrator — in settlement discussions. This range of views was the topic of a panel discussion at the UIA’s recent World Mediation Forum in Lisbon, Portugal.
At the IBA in Dubai last week, a three-hour session was held on “The Rise of Multiculturalism and Resulting Challenges of Managing Diversity in the Workplace.” While the subjects discussed were fascinating, the subjects not discussed might have been even more so. Read more »
The second film on the use of facilitated dialogue to ease corporate/community tensions has been posted online. It may be viewed by clicking here. Read more »
The irrepresible Michael Leathes is a collector of quotes. Little does he know that one of the early walks I had with him produced a quote of his own that I have always kept pinned on the corkboard of my mind: “It costs no more to think big than to think small.”
In a characteristically provocative and entertaining article, “Stop Shoveling Smoke!“, Leathes challenges our tolerance of vagueness in defining our own field. Why, he asks, is there no broadly accepted definition of the term “mediation”? Oddly for one so deeply steeped in cross-cultural subtleties, Leathes firmly believes not only that there is a universally applicable definition of “mediation,” but that it can be defined in seven words:
“Consensus facilitated by a trusted neutral person.” Read more »