Tag Archives: mediation

Book: Mediação de Conflitos para Iniciantes, Praticantes e Docentes

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Finally out! The book “Mediação de Conflitos para Iniciantes, Praticantes e Docentes” (Portuguese for “Conflict Mediation for Beginners, Practitioners and Teachers”) was just published (in Portuguese) by Editora JusPodivm.

Mediacao de Conflitos para Iniciantes, Praticantes e Docentes

The book was coordinated by Tania Almeida. Samantha Pelajo and Eva Jonathan, and co-authored by dozens of specialists on mediation.

It includes a chapter on “International Mediation” contributed by Pluris (Nuno Delicado and Horacio Falcão). The chapter offers a framework to analyze the implications for mediation of different cross-cultural settings (e.g., different combinations of cultural preferences by the mediator and each of the parties), using Geert Hofstede’s cultural dimensions (Power Distance, Individualism vs Collectivism, Masculinity vs Femininity, Uncertainty Avoidance, Long-term Orientation), and adding Edward Hall’s Direct/Indirect Communication. It also offers guidance on how to develop the profile of an international mediator, and on potential paths to work in the field.

Click here to purchase or to read an excerpt.

Mediation pledge for a new year full of amicable solutions!

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To launch a new year with a renewed commitment to always looking for amicable solutions to issues and conflicts, we have signed the Singapore Mediation Charter, pledging to resolve disputes outside litigation channels.

Singapore Mediation Charter

Since the beginning it has been part of the Pluris DNA to default to negotiation to address our issues and our clients’ issues, and we include mediation clauses in our agreements whenever appropriate. By signing the Singapore Mediation Charter we want to support the Singapore Mediation Centre‘s efforts to promote mediation in Singapore and the region, and encourage our clients, suppliers, business partners and friends, in Singapore and elsewhere, to also take mediation as a first step for resolution, in case direct negotiation does not address issues satisfactorily.
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Amicable resolutions, happy 2015!

 

Resolution with the flip of a coin

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Mediation. Upset client demanding a refund. Services provider willing to refund significantly less.

We had uncovered interests much beyond money (trust, reputation, self-esteem, fairness, social responsibility, time, relationships…), but parties remained focused on the dollars.

After two and a half hours, the bargaining dance (including splitting the difference at some point) had reduced the difference by more than 90%. The gap was now ridiculously small, but we had been stuck for a while. Not really an issue of money – it was a question of face: “I’ve conceded enough! Your turn now!”

Parties’ natural alternative was to proceed to court, which they seemed to agree would be a waste of time, energy, and probably money. Still, no movement.

As I considered bringing the mediation to a frustrating close with no agreement, one final idea, shared with a smile: “How about flipping a coin?”

The vendor seemed amused and immediately agreed. The client was initially puzzled (“Is he serious??”) but also agreed after I explained how it would work. Why not? The coin would take all responsibility and save both parties’ face. Resolution was now worth much more than the difference in money.
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Both did not seem too concerned about the outcome, signalling it was really a face issue. I felt they didn’t even look at the coin when it landed after that magic second spinning in the air in search for resolution.

Agreement!

I am not sure mediation training needs to include coin-flipping skills, but it would surely help to increase awareness of different resolution processes, their risks and rewards: for instance, “I cut you choose”, splitting the difference, getting an expert opinion*, and – why not – flipping a coin**.

* “Duelling Experts in Mediation and Negotiation: How to Respond When Eager Expensive Entrenched Expert Egos Escalate Enmity”, by John Wade, offers a good discussion on managing experts involved in mediation and negotiation, including considerations about splitting the difference and flipping a coin.

** See for instance Coin Flipping – Conflict Resolution.

Mediation – An Emerging ADR Mechanism in Latin America

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Mediation has become increasingly accepted as a peaceful means to solve international conflicts. In Latin America, its institution started in the 1990s, Ease Headache Generally headache is buying cialis in australia caused because of inflammation of brain cells. There is a single exception which is related to the natural cialis purchase online sex pills. These all are order cheap viagra easy and effective to ingest as well as offer incredible help to overcome ED. When you’re constantly saying YES out loud (or in your head), you become a magnet for attracting what you want. viagra generic sale facing initial skepticism and resistance. This chapter covers the status of mediation in Argentina, Brazil, Colombia, Mexico and Peru. Read more…