IAM Blog
Mediator as Ombuds
The word “ombudsman” comes from a Swedish term that dates back to 1809, when the Swedish parliament decided to protect citizens’ rights by establishing a supervisory agency independent of the government.
Knowing our Neighbours-a Mediator’s Reflection
A few months ago, I spent a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution professionals. It was a privilege to spend time at Glencree...
Preparing Your Advocate for Mediation
Clients who are new to mediation may think it is not important, or is rude, to try to tell their own advocates what they expect them to do to prepare for mediation. It is, after all, the lawyer’s responsibility to do their job and to do it well.
How to Deal with Yawning Gaps in Bargaining Positions
Too often in mediation lawyers confront a familiar dilemma: Both sides have made offers and then offered concessions – but a huge gap remains between them. Everyone is frustrated, and no one wants to make a serious move in the face of the other’s intransigence....
Seven Questions to Engage the Politically Polarized
What do you do if you are in a conversation – which may include a mediation – with someone who is adamant and strident about his or her values and beliefs? In today's polarized society, this is more likely to happen than ever before. How can you keep the exchange...
What “The Blind Men and the Elephant” Can Teach Us About Mediation
Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time...
Resolving Sports Disputes by Mediation
Conflicts in high-performance sports ("HPS") – those involving athletes competing at the national, international or professional levels – are typically tense and emotionally charged experiences for the athletes, coaches, and sports organizations involved.
How to Listen Like a Mediator
Mediators are masters of listening. Conflict has a habit of turning conversations into competitions, with each statement feeling like a serve that you have to return in order to win a point. Mediators transform the purpose of these conversations from “winning” into...
Mediation v. Court Truth
Experienced mediators know that the resolution of disputes involves the people and the problem as much as the positions. At the same time, most parties will use as a benchmark for settlement decisions the expected results at trial should a dispute not be amicably resolved.
Reflections on a Mediation: Blood, Sweat & Tears
A closing workshop at an International Academy of Mediators conference was titled Transformative Moments in Mediation...