As long ago as 1981, in the very first edition of Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher and William Ury proposed the following novel negotiation method:   separate the people from the problem focus on interests, not positions invent options for mutual gain and insist on using objective criteria. Later in the text they introduced another element of the method –  recommending that we work out, before we begin to negotiate with the other party, what is our Best Alternative to a Negotiated Agreement (BATNA). They explained BATNA as  “the sta ..read more

I have been musing about what a mediator might say to President Putin given the opportunity. That led me to compose a letter a few weeks ago, with which I have since tinkered. This is merely a thought experiment. The letter goes something like this: “Dear President Putin I write as a mediator, a peacemaker. I do so in the hope that there may still be a constructive way to bring an end to the tragic situation in Ukraine. [note to self: Would PP see this as “tragic”? What other starting lines might such a letter need in order to engage him?] To do so, my experience tells me that people who disag ..read more

“The world is made, not found.” (W Barnet Pearce) I had been a mediator for about 10 years before I heard parties’ initial words described as their “opening statement.” This may surprise some readers, though probably not if they began, like me, in family mediation, nor community or workplace. Other descriptions are available, as our broadcasters say. I set out below a range of alternative approaches to this crucial invitation. In reconsidering opening statements in mediation I’m not suggesting one way is superior to another. I hope, rather, to hold our practice up to the light and think about ..read more

It was Thursday, February 24th, 2022. From the morning, I had been mediating a dispute between a grandfather and two of his granddaughters. Then, during the break, I switched on my phone and read the news. Very shocking news. As a person that has spent all his professional life bringing peace and understanding to the places where there was a lack of it, I was horrified. A much stronger and bigger country invaded its neighbour. I had the feeling that my world was falling apart. A world very much determined by consensual dispute resolution. This is the 21st century? Tanks crossing borders of a ..read more

Effective inter-governmental relations among the constituent parts of the United Kingdom are essential in an era of increased devolution of powers, post-Brexit allocation of responsibility and contested narratives about the future of the (uncodified) UK constitution. Background One of the rather depressing aspects of the constitutional impasse in the UK is that inter-governmental relations (IGR) between the UK and Scottish (and indeed the Welsh) Governments have appeared to worsen in recent years. This has been exacerbated in the post-Brexit era with the passing of the UK Government’s Internal ..read more