This introductory piece will explore the topic, Our Approach to Conflict. Conflict should not be avoided, but should be engaged with constructively, Paul writes.  Conflict is not intrinsically negative, and may be the pre-cursor to both constructive and positive change.  The context in which conflict arises, and the way that we deal with [...]

In the last article Paul introduced the concept of early intervention in commercial relationships – using mediation as a business tool rather than as an adjunct to litigation. In Part 2 we will look at some practical examples of this concept at work [1]. Deal mediation A deal mediator may be appointed to [...]

“We are used to thinking about competitions in which there is only one winner… But the world is not really like that… The key to doing well lies not in overcoming others, but in eliciting their cooperation.” (Robert Axelrod) Mediation is often effective if the parties can engage in person and in a private [...]

Well done – to get this far you have identified the opportunity for consensus building, got the key stakeholders on board and identified the main issues. But now your first meeting is about to commence, and you are concerned about how you are going to hold all of this together. Adopting a Consensus [...]

In Part 3, below, we will explore how to avoid potentially offensive emails to ensure an open exchange of ideas and to solve the underlying problem. Read Part 1 here and Part 2 here.  Why is it that when we send a carefully crafted settlement letter explaining why we are right and the other side [...]

“We are used to thinking about competitions in which there is only one winner… But the world is not really like that… The key to doing well lies not in overcoming others, but in eliciting their cooperation.” – Robert Axelrod Mediation is often effective if the parties can engage in person and in a [...]

In Part 2 of the series "Better Conversations" we will explore how we react when things go wrong. Read Part 1 here. We live in a blame culture. When things go wrong we protect our identity (our egos) by finding somebody, or something, to blame. This allows us to ignore our own role, [...]

A Consensus Building Approach (CBA) is only as good as its participants. In a majority rules process there are few players and most of them take a passive role. Take our parliamentary process as an example: the Speaker of the House is the in-house rules expert determining whether parliamentarians are working with the [...]

The root cause of many disputes is a lack of communication leading to judgments and assumptions about the motives of others. Failure to communicate effectively is a fundamental barrier to effective negotiation. The parties involved in disputes need to have better conversations with each other. We will explore why and how over the [...]

We’ve all seen them – most of us have used them – the hard bargaining tactics employed during a tough day at the mediation table. But do they work? Do they help us get a better deal for our clients or do they make the negotiation harder than it needs to be? How [...]

Many see mandatory mediation as an oxymoron. Mediation is a consensual process agreed to by the parties that provides them with self-empowerment, so any compulsion to attend mediation will destroy that essential consensual character. Does mandatory mediation encourage participation or simply attendance? Is there any point to mediation unless attendees are active participants? [...]

Before a Consensus Building Approach (CBA) can be put into effect, somebody needs to identify the issue that needs to be resolved, who needs to resolve it, the resources that may be needed and then whether a CBA may be warranted. This convening role is critical. Without a “somebody” to undertake this initial [...]

Timing is critical and will differ for each dispute. Ideally when to mediate should not be fixed by external reference. (Note: mandatory mediation provisions in a contract are not external but parties often forget that they have agreed to that provision by way of contract). While each dispute is different in terms of [...]

Introduction to a different way of facilitating outcomes One of the issues I often raise when presenting on mediation and dispute resolution is that we don’t think outside the square enough about the ways to use mediation or facilitation skills. In New Zealand, the square is the traditional one-day mediation held in the [...]