Lady Justice. Since the 15th century, she has often been depicted wearing a blindfold. The idea that justice should be blind – to power, wealth, identity or other status – and objectively dished out is an aspirational idea. Unfortunately, bias and prejudice remain part of the...
Dispute resolution is not restricted to the human world. We have heard the expression "it's a dog eat dog world". In fact, this phrase originates from a Latin phrase which translates to "dogs do not eat dogs". This implies that only people driven by survival...
Imagine a world free from bias? It would likely be a world without humans. Like it or not, cognitive biases are very much a part of humanity. As much as we may tell ourselves that we will enter negotiations with an open mind and evaluate offers...
Originally published as a paper, read in full [PDF]. All too frequently, I attend mediations and I am asked by one side or the other or both to “work your magic”. It is my theory that neither magic acts nor miracles occur at mediation. Magic acts...
Can one bad apple spoil the whole barrel? Not if you believe the Osmonds [please forgive the dated reference to pop music from days gone by]; if that bad apple shows up at a mediation in a sour mood and seemingly determined to derail discussions,...
I have been mulling over this paper in my mind for some time. One of my colleagues is very much opposed to the expression “compromise” as she believes it has negative connotations. This led me to go to the source of all wisdom, the Internet,...
We’ve all been there: your adrenaline is flowing, your blood pressure is rising and your mind is racing. You’re in the midst of an argument. How can you use logic and reasoning to make your case when you’re over-stimulated and your body is in full revolt?...
“I’ll see you in court!” How many times have you heard that line on television shows or in movies as a set-up to a climactic courtroom showdown between two sides in a legal dispute? In reality, most lawsuits and civil actions are settled prior to...
Have you ever admired a fine piece of custom craftsmanship? The attention to detail? The refinement of the form? The overall beauty of the work? There is certainly a bit of an art to this kind of creation, but it’s clear the designer honed their...
Obligation. It's a word that takes away any notion that you have a choice in the matter at hand. Put simply, it “must” be done, whether you like it or not. As a result, an obligation may end up feeling more like a burden or...