Being unconditionally constructive means that in a relationship with you, I should do only those things that are both good for the relationship and good for me, whether or not you reciprocate. Being unconditionally constructive is a way to describe the basis for a good working relationship whether it is between nations, organizations, or individuals, and whether the relationship is long-term or a one-time negotiation. It does not matter whether they follow my example; I choose how I will work with them.
What are the qualities that contribute to being an effective mediator? Recent conversations with people considering careers as mediators, brought me back to this topic. How do I know if I have what it takes to be a mediator?
Caucus-only mediation has become increasingly popular in many mediations for business, insurance, even more personal situations such as estate and workplace disputes. Recent research shows that the caucus-only mediation approach has negative consequences. As an experienced mediator, that research conclusion was not a surprise to me.
How not to be stupid is a subject that is smart to think about. Stupidity is not lack of intelligence but a symptom of intelligence being overridden in a complex environment.
When I talk to people involved in a conflict, often both tell me they feel powerless. It is a very common perception.
We have seen lots of information about using mediation to reduce the costs of resolving disputes. Now in Ontario if you do not use mediation, it could cost you money.
It is essential for all of us to have basic knowledge of human rights law, how it applies in our workplace, and what to do if there is a complaint. In January 2018, the Human Rights Tribunal of Ontario granted a female retail worker one of its largest-ever damage awards. The facts of the case illustrate how much remains to be done in educating everyone in the workplace; individuals, people leaders, those with complaints, and those who observe harassment.
What should First Nations do when disagreements arise about treaty rights? An new hybrid dispute resolution process is described in a recent issue of Macleans magazine. Authors John Beaucage, Alicia Kuin, and Paul Iacono have developed a culturally sensitive team approach for resolution of disputes in support of reconciliation.
Next time you are experiencing a difficult conflict try thinking about how you and the other person are thinking. When I read a recent post by Buster Benson I was struck by how cognitive bias contributes enormously to my day-to-day world of resolving conflict. Understanding more about cognitive bias certainly improves our conflict resolution skills.
The Global Pound Conference event was held in Toronto on October 15, 2016, the only Canadian venue.
Participants with an interest in the legal system are invited to join a world-wide, 15-month-long conversation being convened by the International Mediation Institute. There are currently 40 events planned in 31 countries starting in Singapore in March 2016 and ending in London, U.K. in July, 2017.