The Mediation Mindset

In Grijns v Grijns [2025] EWHC 2853 (Ch), the UK High Court delivered an important clarification on mediation, ADR obligations, and costs sanctions. This episode unpacks what the case really means for mediation strategy. We explore: When refusing or resisting mediation can be legally reasonable How Halsey v Milton Keynes, PGF, and the Jackson ADR Handbook (2025) fit together How unrealistic settle...

This episode examines the EU mediation paradox and the emerging policy case for the “Easy Opt-Out” model —an approach that requires an initial mediation session while fully preserving party autonomy. Drawing on EU Commission research, comparative Member State experiences, and court-connected mediation reforms, we explore how light-touch mandates can align with the EU Mediation Directive rather tha...

In this episode, we explore the American Bar Association’s pivotal Formal Opinion 518 , issued October 15, 2025, on the ethical duties of lawyer-mediators . Discover why clarity, neutrality, and truthfulness are essential when attorneys serve as third-party neutrals in mediation settings—not advocates. We break down how ABA Model Rule 2.4 requires mediators to clearly explain their role to unrepre...

Unconscious bias plays a powerful but often unseen role in mediation, employment disputes, and the legal profession. In this episode, we examine how implicit stereotypes related to race, gender, and age influence workplace dynamics and the selection of mediators as neutral third parties. Drawing on social science research and the Implicit Association Test (IAT), the episode reveals how bias operat...

A landmark federal court ruling has stopped deep cuts to the Federal Mediation and Conciliation Service (FMCS), preserving a critical pillar of U.S. labor relations. In this episode, we break down Judge Arun Subramanian’s December 2025 decision vacating FMCS policies that slashed mediator staffing and restricted access to federal mediation services. We explain what the FMCS does, why its role in h...

The 2025 International Court of Justice advisory opinion marks a turning point in climate change law , affirming that states have binding legal obligations to prevent environmental harm and protect human rights tied to climate stability . The Court signals that failure to regulate fossil fuels may constitute an internationally wrongful act , raising the stakes for state responsibility, reparations...

2025 brought major federal and state mediation law reforms reshaping how ADR is mandated, regulated, and practiced across the U.S. In this episode, we examine the most consequential legislative changes, court-rule updates, and regulatory actions affecting mediation in labor, consumer, civil, HOA, and administrative disputes. Key developments include: Expanded mandatory mediation and accelerated AD...

In this episode, we examine the International Court of Justice’s landmark advisory opinion on international legal obligations for the protection of the climate. The Court makes clear that states are legally required under international law to protect the global climate system from human-caused greenhouse gas emissions, for the benefit of both present and future generations. We explore how internat...

California’s AB 1523 marks a transformative shift in civil litigation by increasing the maximum value of cases eligible for mandatory mediation to £60,000 ($75,000) by 2027. This legislative update aims to modernise the legal system by integrating alternative dispute resolution more deeply into standard court procedures while addressing decades of inflation. To ensure these sessions are productive...

This episode explore the evolving world of dispute resolution, by moving beyond the outdated facilitative vs. evaluative mediation dichotomy. The episode dives into the evaluative continuum, a range of techniques from subtle non-verbal cues to explicit risk analysis and "bargaining in the shadow of the law". Discover how modern mediators use BATNA, WATNA, and MLATNA to help sophisticated...

In this episode, we examine the collapse of the 2025 Washington Accords between the Democratic Republic of the Congo and Rwanda through a mediation practitioner’s lens. Despite high-level diplomacy and international guarantees, renewed violence in eastern Congo marked by the M23 takeover of Uvira reveals why elite, state-centric peace deals often fail on the ground. We unpack the core mediation fa...

In this episode, we break down the essential dispute resolution skills every mediator and negotiator needs to master, starting with one of the most powerful tools in conflict resolution: listening. You’ll be introduced to The Listening Triangle, a simple but transformative three-step model—ask, listen, reflect—that helps shift conversations away from past conflicts and toward present interests and...

Can mediation truly function as a pillar of the justice system if mediators aren’t paid? In this episode, we challenge the long-standing reliance on volunteer mediation and explore why fair compensation may be essential to the profession’s survival, credibility, and impact. We break down how unpaid mediation creates a “market for lemons,” lowers quality standards, and accelerates mediator burnout....

Explore the seismic shifts happening across civil and family justice systems as mediation evolves toward earlier, more routine court use, and stronger standards. This episode details the three broad trends defining the field: institutionalization , professionalization , and a focus on safety and children’s needs . We break down the significant rule changes in North Carolina , effective January 6,...

Discover the five key stages of the mediation process—from pre-mediation preparation to reaching a final agreement. This episode breaks down how mediation works, why it is a voluntary and confidential alternative to litigation, and what parties can expect at each step. Learn the purpose of the opening statements, the exploration stage where the heart of the dispute is uncovered, and the negotiatio...

Facing a neighbor tree dispute ? This episode covers DC tree law and mediation strategies for homeowners and managers. In DC, the law says the landowner where a tree’s trunk sits is the tree’s owner. Under the D.C. version of the “Massachusetts” self-help rule, neighbors may trim branches or roots encroaching over the property line (so long as the tree is not harmed). But courts make exceptions fo...

Discover how Ombuds create safer and high-performing workplaces. This podcast explores conflict resolution, ethical leadership, and best practices for fostering trust within the organization. Whether you're an HR leader, executive, or employee, gain insights on how Ombuds services enhance workplace culture, prevent disputes, and drive organizational excellence.

In these tumultuous times, nothing is more essential than collaborative problem-solving. In this engaging book talk moderated by Tina Patterson , authors Robert Fersh and Mariah Levison delved into their forthcoming practical guidebook, "From Conflict to Convergence: Coming Together to Solve Tough Problems," grounded in decades of successful dialogue on contentious public issues. The two...

Enhance your knowledge and skills in the dynamic field of mediation. By the end of this episode, you'll gain a comprehensive understanding of: Etymology of Conflict Mediation Mindset What is Mediation Path to Becoming a Mediator & a Mediation Advocate Breaking out of the Norm of Institutionalization The Business of Mediation Why Mediation? Our Present-day Reality Online Dispute Resolution...

Only in the darkness can you see the stars. – MLK Jr. In this last segment of our three-part discussion on this topic, we bring you a first-hand story of forgiveness, bravery, and determination. We hope you'll be inspired by Robi's story and her work with her organization ( Parent Circle ) to reimagine human sanctity and interrupt the circle of violence in the Middle East. Connect with us...

Start with Part A for a better understanding. This episode continues a discussion in Part A by our panelists, who discussed the questions listed below in detail. Comprehensive understanding of conflict and peace. As a peacebuilder, would you share a personal experience That has shaped your understanding of conflict, particularly in the context of the Middle East? What, in your opinion, makes confl...

In this episode, our panelist discussed in detail the questions listed below. Comprehensive understanding of conflict and peace. As a peacebuilder, would you share a personal experience That has shaped your understanding of conflict, particularly in the context of the Middle East? What, in your opinion, makes conflicts in this region so complex? Peace in the Middle East: Is it a distant dream or a...

This episode expands on Empathy, Trust, and Perception, with life stories from individuals living in the conflict.

In this episode, Prof. Alain Lempereur, SJD explores perception and empathy in conflict situations, delving deeper into: The Law of Hypertrophy The Law of Atrophy The Law of Selective Empathy in conflict situations.

In this episode, Sukhsimranjit Singh, PhD closed the session by challenging attendees to act. He identified strategies for navigating the neutrality trap and effecting positive change. Follow the DC Mediation & Dispute Resolution Institute LinkedIn Website