The Indian Judicial System has sought recourse to Mediation for delivering the answers to which litigation has failed to provide. While fulfilling the same, Mediation has gone over a diverse phase, which can be compared to the changes in the…
The last mediation I conducted in 2021 did not result in a resolution. There were a number of reasons why which I could not quite put my finger on. But over the holidays I read some books on negotiation which…
While it is true that lawyers are eminently trained in the art of negotiating by virtue of the rigors of their profession, arguably some have suggested that these skill sets and the competence achieved provide them with a sound basis…
When conflict breaks out between an employee and their employer, few things can be as stressful. Because this particular brand of conflict includes someone in the leadership role, interventions often need to come from outside party. Learning how to resolve…
Values are a set of beliefs we hold onto and fall back on whenever we speak or act. They are – or should be – at the root of every decision we make and the lens through which we see…
I have no idea what I will do when I go to mediate a matter. After 30 years of practice the only thing I know is that the parties are stuck and if they have lawyers, the lawyers are stuck. …
Sometimes, the relationships in our lives can become toxic over time. Whether it’s in the relationships we hold with our colleagues, our partners, our family members, or our bosses, toxicity can creep in and have destructive effects. In this article,…
Even if you choose to avoid for the right reasons, does it make a difference what you actually say to people just before you withdraw from the situation? One person might avoid a conflict by expressing himself this way: “I’ve…
As professional mediators, we are accustomed to observing and dealing with challenging and unproductive behaviors. Our training and experience provide us with the insight that helps us to discern emotionally driven behavior as opposed to behavior that is grounded in…
In my work as a workplace mediator I have encountered thirteen projects to date that have involved a leader with an abrasive leadership style. It’s been hard for me to admit but it took eight of those cases over several…