Entries by Kevin Brown

What to Expect in a Commercial Mediation

in Business Law by James Naughton on 05 March 2016 If you’re involved in a commercial dispute, either as a plaintiff or defendant, you’ll probably be required to participate in a mediation. This is an important part of the Court process and while not mandatory, this step is usually required. There’s a reason why mediation […]

How To Take Control When You Have No Control

FEATURE: How To Take Control When You Have No Control Most of us like to live our lives with a sense of control. We intentionally organize our lives in ways that will give us a strong foundation and security to be able to thrive. Feeling a sense of control gives us the confidence to be […]

Missing in Action: Attention, Empathy and Trust

Missing in Action: Attention, Empathy and Trust In recent years, much has been made of the fact that we are living in the digital age: we are tethered to our smartphones, iPad, laptops and other devices and are heavily dependent on them. Much like Pavlov’s dogs, whenever our smartphone beeps, vibrates, rings et cetera, we […]

Call for Participation in a Questionnaire on Dispute Resolution Clauses

Call for Participation in a Questionnaire on Dispute Resolution Clauses   There is a lack of clarity regarding the obligations that arise from dispute resolution agreements with a mediation/conciliation component. In order to reduce this uncertainty, a chapter of the BOF funded PhD research of Maryam Salehijam (supervisor: Professor Maud Piers) from the Transnational Law Center at the University of […]

Favourite Mediation Related Books

  Welcome to my bookshelf You know those books you turn to again and again? The ones you would never put on the yard sale pile? The ones that spark your thinking and creativity? Yeah, those books. Here are some of mine: Disclosure: The above links are Amazon affiliate links, which means I receive a […]

A shadow side to good listening

A shadow side to good listening It’s hard to listen deeply from inside an argument. And it’s even harder when the other person seems to be hogging air time. Good listening can have an inadvertent side effect and here’s one way I like to deal with it. A reader wrote, “I’ve been told I need […]

How to ask questions like a pro

How to ask questions like a pro Watch a good mediator at work and you’ll likely notice that good questions are her stock-in-trade. Watch a masterful negotiator and you’ll see the same. If you want better conflict resolution results, learn how to ask questions that shift thinking and prompt fresh ideas. LISTEN TO THIS POSTAUDIO […]

On Apologies…. Once Again!

On Apologies…. Once Again! Several times in the past, I have written on the power of an apology, including the right and wrong way to do it. When I saw an article by Jane Brody (entitled, “The Right Way to Say, ‘I’m Sorry’”) in the New York Times (January 31, 2017) discussing this topic, I […]

Bearing Witness by Susan Coleman

I just came back from my biannual trip delivering a seminar in international negotiations to NASA (the U.S. space agency) and their international space partners. The two basic strategies in negotiation are competitive and collaborative and, for the most part in this workshop, I recommend the latter. Where people need to build strong relationships (like they do on joint […]