Does this time of year bring you more headaches, sleepless nights, agitation. difficulty relaxing? If it does, you’re not alone. For those of us involved in litigation, particularly claims involving exposure to traumatic and confronting events, vicarious trauma is an occupational hazard – particularly at the time of year when the caseload is high and […]

Damn teenagers are hard – on one hand you are bursting with pride as you watch them mature; and at exactly the same time they can tear out your heart, twist it into wrangled mess, nonchalantly return it to you and then act surprised when you express disappointment and dismay. The past few weeks have […]

“Pivot” … the buzz word of 2020 … it was hard, but now I am celebrating. Many mediators have been forced to rapidly “pivot” and redesign their face to face mediation practices into an online offering. I know I have certainly spent many, many, hours learning how to navigate Zoom, Webex, Microsoft teams and Modron. […]

Choosing what platform to use for your online mediation requires a certain skill. Alas, since COVID-19 hit, my baking skills have not improved, I have still not finished watching Season 3 of Ozark and the garden is still in desperate need of a good weeding. But what I have done is rapidly expanded my skill […]

In the midst of the cancellation of events, potential school closures, self isolation and quarantine periods, it is understandable that you or your clients may have concerns. However, don’t assume your only option is to cancel any mediations already arranged, or delay arranging future mediations. For many claimants the day has been a long time coming […]

Over February and March I have been running training seminars on getting the most out of a mediation. Most people agree that mediation is an effective form of alternative dispute resolution that often leads to settlement on the day, or shortly thereafter. However, when talking about frustrations in preparing for mediation a few common themes […]

It contains gems of information for the well prepared mediator:  providing insight on the potential psychological factors at play and enabling the mediator to get a head start on creating the right environment for resolution 1. Identify potential roadblocks – often the parties statements or expert reports contain information that is a red flag for […]

Why? Because it indicates that there is more work to be done before fruitful discussions can take place. As discussed in my last post, feeling as though you have been heard and understood ties into our self esteem and concept of self. If someone does not feel heard, the likely impact is that they will […]

Conflict fundamentally involves a breakdown in communications; therefore, it goes without saying that psychological factors will always be at play in any negotiation. As outlined in the first post in this series, it is highly unlikely that a shift in the attitude of parties in dispute will be achieved solely through black letter rational argument. […]

A lot actually …..   Many of you know that I studied psychology before I studied law. I’m not a psychologist, nor have I practiced as a psychologist, but I have always been intensely interested in the intersection of law and psychology. It is a significant driver in why I have focussed my mediation practice […]