ARTICLES

Here’s a selection of posts and articles that I hope will be of interest to you

A New Seat at the Mediation Table?
The Impact of Third-Party Funding on the Mediation Process (1)
The Impact of Third-Party Funding on the Mediation Process (2)
In a two-part article, Geoff looks at the development of third-party funding of mediation and compares notes with UK mediator, Bill Marsh, on how funding impacts the mediation process…

The Californication of Mediation
The rise and rise of the mediator’s proposal and other evaluative interventions by many of our number, along with the relentless demise of the joint session, are all part of a larger lurch to the right for mediation practice…

The Rise of Co Mediation in Mega Mediations
With the rise of the mega case – often funded class actions – a unique challenge for mediation is emerging…

Desert Island Questions for Mediators
My very first article from way back in 2001… when I was a wee lad, I drove others nuts by asking questions. They were, I am told, good open ones usually starting “…. but, why?” As time passed, I grew into a know-it-all teen and forgot about asking questions, more intent on doing the telling. Then I became a mediator…

The Politics Of Being Pollyanna
Every mediator has been called a Pollyanna at some time or other, usually when encouraging those in conflict that resolution is just around the corner – and often in that darkest hour just before the dawn, when the spectre of impasse stalks their every move.
Some mediators choose to take it as a compliment, others see it as a criticism… still others see it as a fundamental attribute.

Configuring Your Online Mediation
No longer are all mediation participants neatly on individual devices locked down in their home offices – instead the parties, the mediator, legal advisers, experts and the myriad of others attending mediation are all mixed up – some remain at home on individual devices as some countries go in and out of lockdown, some gather in law firms as large groups in conference rooms in countries starting to return to the office, still others attend in person in countries living with Covid, maybe masked, distanced and may be sanitised.

Nepalese team makes the first successful winter ascent of K2 – and why it brings mediation to mind
One of the last great challenges remaining, one that has repelled the world’s strongest climbers for the last three decades, K2 remained the only 8000m peak not climbed in winter. Momentus because K2 is the climbers’ mountain (‘the Savage Mountain’) – much more so than Everest.
This is a tribute to the brave men and women who have climbed K2, second only to Everest in the pantheon of mountains – and I try to put into words how I draw on my long-forgotten climbing days when it comes to the way I practice mediation.