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Alternative dispute resolution

  • Lawyers as Healers of Social Conflict

    7 July 2020

    We are at a tipping point in our society – with the impact of COVID-19 and now the Black Lives…
  • The dark side of empathy and compassion

    12 June 2020

    The current state of the world and the problems we are facing, from both a health and economic perspective, are…
  • Assessing risk

    3 April 2020

    Our responses to fear and the unknown are in the spotlight as the coronavirus, COVID-19, spreads around the world and…
  • Principles of influence: Scarcity

    6 March 2020

    Scarcity is a particularly relevant principle of influence because it applies to our everyday lives, both personally and professionally. Being…
  • Principles of influence: personal authority

    7 February 2020

    As part of their repertoire, mediation professionals use tools to guide parties toward settlement more efficiently than if the parties…
  • Family feuds — litigate, arbitrate or mediate?

    29 November 2019

    Now that we have received the report from the Independent Panel’s review of the family justice reforms and also following…
  • Principles of influence: likeability

    29 November 2019

    To be a successful mediator, it is important to have some degree of influence and persuasion over the disputing parties.…
  • The arbitration paradox

    1 November 2019

    "When will mankind be convinced and agree to settle their difficulties by arbitration?" — Benjamin Franklin.When Lord Thomas of Cwmgiedd,…
  • Reciprocation Bias and Hanlon's Razor

    1 November 2019

    Reciprocation bias and Hanlon’s razor are the final two psychological strategies that play a substantial role in our cognitive processes…
  • Reactive devaluation

    4 October 2019

    Conflict is inevitable and is often necessary to bring about change. Our reaction to conflict is typically a problem in…
  • Running a major relationship property arbitration

    4 October 2019

    In a previous article (LawTalk 932, September 2019), I suggested ways in which modest to middle level disputes could be…
  • Cognitive dissonance

    30 August 2019

    Psychology plays a fundamental part in the mediation process. There are five key psychological traits that emerge most often in…
  • Cognitive biases: challenging the way we think

    2 August 2019

    Part 2"A man sees what he wants to see, and disregards the rest" — Paul SimonCognitive biases play a vital…
  • Cognitive biases: challenging the way we think

    2 August 2019

    Part three❝ Envy is ignorance and imitation is suicide ❞ — Ralph Waldo EmersonThe bandwagon effect, overconfidence, optimism and negativity…
  • Cognitive biases: challenging the way we think

    2 August 2019

    Part 1"A great many people think they are thinking when they are merely rearranging their prejudices." — William James"Common sense…

Last updated on the 14th June 2017