I was chatting recently with a mediator about a mediation that was mid-way through. A first joint session had taken place, with another scheduled in the near future. However, in the meantime one of the parties had potentially breached confidentiality of the first session. It was unclear whether there was a technical breach or not, […]
CRITICAL REFLECTION: Does a Mediation Process Have Integrity? Read More »
Robert Baruch Bush’s recent article in the Harvard Negotiation Law Review tackles something most mediators have noticed: we all agree that party self-determination is fundamental to mediation, yet we practice it very differently. The Gap Between Theory and Practice Bush identifies two distinct approaches: In facilitative mediation, self-determination matters, but it can be set aside
REAL WORLD INSIGHTS: Why We All Say “Self-Determination” But Practice It Differently Read More »
This blog post is based on a presentation I gave at the Australian Dispute Centre conference in Sydney in May this year. Navigating a Sea of Conflict Put your hand up if: You can swim. You’ve ever been caught in a rip. You’ve ever been scuba diving. You can navigate underwater. You’ve ever been night
We often talk about the importance of reflective practice in conflict work—but sometimes we are not clear about why it is so beneficial, what it actually looks like in action, and why is it sometimes so hard to do? In recent Conflict Leadership Program sessions, a range of experienced and emerging practitioners gathered to share
By Dr Samantha Hardy Inspired by Jennifer L. Schulz (2023). Mediator Liability 23 Years Later: The “Three C’s” of Case Law, Codes, & Custom. Ottawa Law Review / Revue de droit d’Ottawa, 55(1):151–186. Available at: https://doi.org/10.7202/1112508ar A Quiet Assumption For many of us working in the mediation field, there’s a quiet assumption we rarely question:
Are Mediators Ever Liable? Rethinking Accountability in Our Practice Read More »
Imagine walking into a workplace where people feel anxious, silenced, or wary of one another. Collaboration slows. Creativity wanes. Absenteeism creeps up. Resignations start to pile in. What you’re witnessing isn’t just poor culture—it’s a breach of psychosocial safety. For leaders navigating an increasingly complex and people-focused workplace, this concept has never been more important.
Why Good Conflict Management Is Essential for Psychosocial Safety Read More »
In the world of mediation, professionals frequently encounter complex ethical dilemmas that require careful consideration and judgment. Recently, a discussion among mediators explored such challenges in depth, providing valuable insights into the ethical intricacies of the profession. This blog post delves into the key themes discussed, focusing on the delicate balance mediators must maintain between
Navigating Ethical Dilemmas in Mediation: Insights from Practitioners Read More »
Coleman argues that there are three different criteria for how we might adapt our interpersonal conflict strategies: relational importance, goal type, power differences. These different criteria lead to seven basic types of interpersonal situations. These include: where the conflict is of low importance (independence), compassionate responsibility (high power, cooperative goals), partnership (equal power, cooperative), cooperative
REAL WORLD INSIGHTS: How we adapt our interpersonal conflict strategies Read More »
Peter Coleman’s research has identified the four most challenging conditions or “derailers” of mediation as: High intensity conflict: higher levels of destructiveness, emotionality, and intransigence; High degrees of constraints or limitations on the mediation: including legal and time constraints and constituent pressure; Highly competitive relationships between the disputants; and The covert nature of the issues
REAL WORLD INSIGHTS: Peter Coleman’s “Adaptive Mediation” Read More »
Peter Coleman is one of the most prolific academics in the field of conflict resolution. He has published many articles and has even developed apps to support people to engage more effectively in conflict. This article is a kind of compilation of his work, with links to many other resources. There is so much in
REAL WORLD INSIGHTS: Conflict Intelligence Read More »