I remember a conversation with a mediator who told me, quietly and almost apologetically, that they felt unprepared to manage conversations where racism sat just beneath the surface. They were confident with commercial disputes, workplace clashes, and even heavy family breakdowns. But when an intake form hinted at racial tension, or when a participant made […]
When Racism Shows up in the Mediation Room Read More »
I recently came across a blog post from The High Conflict Institute titled Autism Spectrum Disorder and High Conflict Personalities: Working with Cultural Differences. It is presented as practical guidance for conflict professionals working with autistic parties. It is well-intentioned. It is also, in significant ways, harmful, and the harm is not incidental to the
Most mediators are taught how to reframe. Fewer are taught how to explain reframing, and even fewer are encouraged to be transparent about why they do it. Reframing is often described to students as “restating something more neutrally”, “removing toxicity”, or “putting it in a way the other party can hear”. That description is not
Reframing in Mediation: What We Are Really Doing, and Why We Name It Read More »
A colleague recently asked me whether I was familiar with any research on the risks associated with mediating with a heavily pregnant woman. The woman in question was in conflict with her ex-partner, the father of her unborn child, and my colleague wanted to know whether there were particular considerations they should be thinking about.
Should Pregnant Women Be Excluded from Mediation? Questions We Need to Ask Read More »
In my work on neurodiversity and conflict, there are some interesting intersections that come up frequently. There’s one phenomenon I want to make sure you understand, because it comes up constantly in conflict situations. It’s called rejection sensitivity, or sometimes rejection sensitive dysphoria. We all feel rejection Let’s start with what’s universal. We all have
Rejection Sensitivity and Conflict Read More »
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 »
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 »