Mediation Matters

In this conversation, Adam Gersch and Kelly Stricklin-Coutinho discuss the evolution of mediation as a profession, the transition from lawyering to mediating, and the importance of training for lawyers in mediation practices. They reflect on their personal experiences in mediation, the role of lawyers, and the need for a distinct identity for mediation as a profession. The discussion also touches on the challenges of establishing standards and career pathways in the field of mediation. Kelly and Adam discuss the evolving landscape of mediation, focusing on regulation, support for new mediators, the integration of mediation into the legal system, and the concept of mediation mobility across jurisdictions. They emphasise the importance of community mediation and the role of the Civil Mediation Council in fostering a supportive environment for mediators. The discussion also highlights the need for greater awareness and acceptance of mediation as a viable dispute resolution method.

In this episode, Adam Gersch is joined by Global Mediation panel mediator Laurence Cobb, who discusses his journey from a legal background to becoming a mediator. They discuss the essential skills required for effective mediation and the evolution of mediation within the legal profession and provide insights and advice for those considering a career in mediation. The conversation highlights the importance of emotional intelligence, adaptability, and the role of humor in mediation, as well as the changing perceptions of mediation in litigation. Takeaways

In this episode of Mediation Matters, Adam Gersch is joined by Jeremy Connell, mediator, psychotherapist, and lawyer. They explore Jeremy's diverse journey into mediation, the importance of empathy and emotional intelligence in the field, and the evolving landscape of mediation as a career. Jeremy discusses the significance of storytelling in conflict resolution, creative approaches to mediation, and the future directions for the profession, emphasizing the need for adaptability and curiosity in mediators.

In this conversation, Adam interviews his father, Professor Irvine Gersch, about his journey into mediation and the field's evolution. They discuss how Professor Gersch started as an educational and child psychologist and developed a conciliation service to resolve disputes between parents and local authorities. They also explore the transition from conciliation to independent mediation and the importance of neutrality. The conversation touches on their collaboration in writing a book on special educational needs mediation and the challenges and successes of working together as a family. They conclude with insights on effective communication, understanding different perspectives, and embracing a mindset of tragic optimism. Key Takeaways - The journey into mediation often starts from a background in a related field, such as psychology or education. - The transition from conciliation to independent mediation involves shifting towards neutrality and independence from local authorities. - Collaboration and effective communication are key to resolving conflicts and maintaining successful working relationships. - Understanding different perspectives and being open to learning and growth can lead to positive outcomes in conflict resolution. - Embracing a mindset of tragic optimism allows for resilience and the ability to learn and improve from mistakes and challenges.

In this conversation, Adam interviews Pierre Hazan, a mediator with a diverse career spanning journalism, mediation in armed conflict, and academia. Pierre is also an author, recently publishing his latest book, "Negotiating with the Devil, Inside the World of Armed-Conflict Mediation". They discuss the role of mediation in armed conflict situations and the ethical challenges that mediators face. They also explore the importance of inclusivity in mediation and the complexities of determining who should be at the table. Pierre shares insights from his work in various conflict zones and highlights the need for transitional justice and reconciliation in post-conflict societies. The conversation concludes with advice for aspiring mediators. Key Takeaways: - Mediation plays a crucial role in armed conflict situations, offering an alternative to military victory and providing a platform for dialogue and negotiation. - Inclusivity is essential in mediation, but finding the right balance in determining who should be at the table can be challenging. Ethical considerations are paramount in mediation, particularly in situations where mediators must make difficult choices that may have life-or-death consequences. Transitional justice and reconciliation are vital in post-conflict societies, requiring a broad definition of justice that includes reparations, truth and reconciliation commissions, and human rights guarantees. -Mediators must approach each conflict with humility, recognizing their limited impact and the complex dynamics at play. -Mediation is a constantly evolving field that must adapt to new challenges, such as the role of social media and the involvement of non-state actors like cartels. -Local mediators often face the greatest risks and challenges in conflict zones, as they may be seen as traitors or spies by their own communities. -Mediation is not always suitable or successful in every conflict, and mediators must assess the readiness and commitment of the parties involved. -Starting with local mediation can provide valuable experience and understanding of the social and political dynamics necessary for effective mediation. -Mediation matters because it offers a path to peace and justice, even in the most complex and challenging conflicts.

In this conversation, Meriel Shindler, Head of Employment at Withers LLP, discusses her background as an employment lawyer and mediator and her experience writing a book about her family history. She highlights the importance of storytelling in law and the power of mediation in resolving workplace disputes. Meriel emphasizes the need for early intervention in conflicts and the role of lawyers as strategic advisors. She also discusses the fragility of memory in legal cases and the importance of perspective-taking in mediation. Overall, Meriel provides valuable insights into the intersection of law, storytelling, and mediation. Takeaways

In this conversation, Michael Cody, the Chief Operating Officer of AquaSource, shares insights on workplace culture, conflict resolution, and boosting staff engagement. He emphasizes the importance of understanding conflict as a tool for creation and the need for healthy conflict within organizations. Michael also discusses the role of individual perspectives and personalities in managing conflicts and Adam highlights the value of higher-order skills, such as emotional intelligence and authenticity, in leadership. They share practical strategies for creating a clear social contract, involving everyone in the organization, and making space for all voices. Overall, the conversation highlights the significance of trust, vulnerability, and effective communication in resolving conflicts and building a positive workplace culture. Adam and Michael also discuss the methodical review process for identifying principal themes. They emphasize the importance of comprehensively exploring each theme and provide insights on consolidating subtopics. They also discuss the creation of captivating chapter titles and the recording of starting timestamps. The conversation concludes with a reminder to emphasize fewer, more expansive chapters for a better listener experience.

In this conversation, Adam is joined by Wendy Shand, an entrepreneur and business coach, who shares her journey from marketing to building a successful business in the travel industry. She discusses the impact of the pandemic on her business and the lessons she learned from tough conversations during that time. Wendy emphasizes the importance of emotional intelligence and human interaction in conflict management and workplace culture. She also highlights the significance of having a clear vision and values in driving a business forward. Takeaways

Adam is joined by a leading conflict mediator, coach and author, Dana Caspersen. Dana is the author of 'Changing the Conversation: The 17 Principles of Conflict Resolution' and shares her journey to become an expert in the field and how she applied her career experience in theatre and dance to conflict mediation. Dana expresses how conflict can be an opportunity for growth and progress when managed in a framework of self-awareness and an integrated approach.

Adam is joined by Ruth Frank on this episode of Mediation Matters. Ruth has built her career working in the human resources industry, helping companies navigate conflict in the workplace. Ruth is a skilled negotiator, HR consultant, coach, and expert in employee relations and HR Policies.

Adam is joined by Enda Young, Managing Director of Mediation Northern Ireland for this episode of Mediation Matters. Enda is an experienced mediator with over two decades in the sector. He tells us how he switched from mechanical engineering to a mediation career after being involved in the dialogue around the Northern Ireland conflict at a young age. After attending a one-day training on mediation, Enda asked himself how he could do this for the rest of his life. He shares the chronicles of his work in this discussion with Adam and outlines the skills needed to be a great mediator.

Adam is joined by three wonderful women colleagues from Global Mediation to mark International Women's Day on March 8th, 2023. Martha Monday (COO), Zonelle Richardson (Area Lead), and Natalie Gersch (Deputy Area Lead) sit down with Adam to talk about their career experiences as women in the workplace, views on how women positively impact business as well as the challenges that come with work/life balance. They answer the question of whether women make better mediators and discuss the opportunities ahead of us to build a more inclusive and equal world.

Anthony Metzer KC joins Adam Gersch to discuss the impact mediation can have on the judicial process and wider resolution of conflicts.

Adam is joined by Emma Gersch, Director of Global Training Group, a part of the Global Mediation Group of Companies. Emma is a trained mediator and also a specialist in performing arts. Emma discussed the transferable skills from her career in the theatre industry and how those can be used in the field of mediation and training, especially how understanding the human condition can lead to a successful career in mediation. They share how role-playing and using actors in any training can be a much more impactful way of attaining knowledge and skills. A wonderful opening episode where Adam also shares some of the differences between his career as a barrister and the mediation approach to resolving conflict.