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 »
Many mediators have been taught, explicitly or implicitly, that part of our ethical role is to “balance power”. At the same time, we are told that we must remain impartial. Both are framed as professional virtues. Rarely do we pause to ask whether they can comfortably coexist. What do we actually mean by “power”?
Can a Mediator Balance Power and Remain Impartial? Read More »
A reflective look at impartiality, consultancy, and the blurry edges between them Many mediators encounter this tension. You are invited into a workplace to support the resolution of a particular conflict between two individuals, and along the way you notice broader structural or cultural problems. You may be qualified and well positioned to help. The
Mediator and Broader Consulting Read More »
Conflict really does have a bad reputation. We tend to treat it as something to prevent, contain, clear up, or make disappear. But what if we are wrong about conflict? Civil rights, women’s suffrage, and workplace safety laws did not come from people politely agreeing not to rock the boat. Progress came from people who
Tending the Fire: A Conflict Makeover Read More »
It’s a deceptively simple question. After all, mediation is voluntary. If one person says no, that should be the end of it. Yet, in practice, mediators are regularly drawn into the space between willingness and refusal. How far should they go in encouraging participation? When does providing information turn into persuasion? This blog post unpacks
How Do We Get Party B to Agree to Mediate? Read More »
Adjunct Senior Research Fellow Dr Judith Rafferty represented The Cairns Institute at the 2025 Conference of the International Association of Genocide Studies (IAGS) in Johannesburg, South Africa (20–24 October 2025). The event, themed The Challenge of ‘Never Again’: Engaging with Protection and Prevention of Genocide, brought together global experts to explore how research, justice systems,
In September, the Conflict Management Academy (CMA) hosted a vibrant stall at the National Mediation Conference. CMA Director Dr Samantha Hardy and Trainer & Coach Mentor Dr Judith Rafferty had a fantastic time connecting with friends, colleagues, and conference participants — and, of course, sharing our super-cool CMA merchandise! It was a wonderful opportunity to
Conflict Management Academy at the National Mediation Conference Read More »
Samantha Hardy and Peter Hanson Every mediator, at some point, has sighed over coffee or in supervision and said: “The cases are getting harder these days.” But is that true? Are disputes genuinely more complex and intractable, or are we simply remembering the past through rose-tinted glasses? This question keeps coming up in training rooms,
Are Conflicts Really Getting Harder, or Are Mediators Just Getting Nostalgic? Read More »
By Sarah Blake and Samantha Hardy Why the world needs mediation, but clients aren’t buying in We know the world needs mediation. The research is overwhelming: Dr Emily Skinner’s work, among others, shows that conflict is everywhere, in workplaces, communities, families, and politics. The cost to organisations and individuals is massive. And yet, despite this
Mediation Doesn’t Have a Marketing Problem, It Has a Clarity Problem Read More »