In this episode of Mediation Matters, Adam is joined by Joanna Gosling, Senior Associate Mediator at law firm Irwin Mitchell, former BBC journalist turned mediator for a thoughtful conversation on communication, conflict, and the power of truly listening. Joanna shares her journey from decades in broadcast journalism to the world of mediation, and how years of interviewing, questioning, and holding space for difficult stories naturally evolved into a desire to help people move forward and not just be heard. Together, they explore the deep connection between journalism and mediation: objectivity, curiosity, and the ability to understand multiple perspectives. They also discuss the limitations of surface-level conversations, the importance of uncovering what’s really driving conflict, and why so many disagreements aren’t about what they first appear to be. This episode dives into practical insights on asking better questions, avoiding assumptions, and creating the conditions for meaningful dialogue. Joanna also shares why listening when done properly is one of the most powerful tools we have, not just in mediation, but in leadership, relationships, and everyday life. A compelling conversation on how we can all learn to communicate better, navigate conflict more effectively, and ultimately, find better outcomes.

In this episode of Mediation Matters, Adam is joined by Victoria Harris, CEO of the Civil Mediation Council, mediator, and former employment lawyer. Victoria shares the journey that led her from legal practice into mediation and ultimately into leadership of the CMC. Together, they explore the evolving role of mediation in resolving conflict across workplaces, communities, and the justice system. Victoria discusses the importance of emotional intelligence in mediation, why conflict can be a catalyst for positive change, and how early intervention can prevent disputes from escalating. The conversation also looks ahead at the future of mediation, including making mediation more mainstream, expanding automatic referrals within the legal system, supporting new mediators to build sustainable careers, and introducing conflict-resolution skills to younger generations through peer mediation in schools. A thoughtful and practical discussion about the human side of conflict and how mediation can transform the way disputes are understood and resolved.

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

• Laurence Cobb transitioned from a legal career to mediation in 2014.
• Mediators need to possess strong listening skills and emotional intelligence.
• Not all lawyers make good mediators; neutrality is key.
• Humor can be a valuable tool in mediation when used appropriately.
• Mediation has become a normalized part of the legal process.
• Resilience is essential for mediators when dealing with emotional situations.
• Training and ongoing professional development are critical in mediation.
• Mediators must adapt their communication style to their audience.
• The perception of mediation has shifted positively in the legal field.
• Empathy without sympathy is essential for effective mediation.

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

• Storytelling is crucial in law, allowing clients to express themselves and bringing out their voices.
• Mediation empowers clients by allowing them to be in the driving seat and tell their stories.
• Early intervention in workplace disputes can prevent lengthy litigation and achieve more holistic resolutions.
• Lawyers should listen actively to their clients and consider the strategic and business aspects of their cases.
• Perspective-taking and reframing can help shift views and facilitate resolution in mediation.