Lisa Toohey (@ltoohey) Bsky

Announcement: 14th Roundtable at RMIT in Melbourne I am pleased to announce the details of the 14th Australian Dispute Resolution Research Network roundtable. It will be held at RMIT University on the 18th and 19th November 2026 at our city campus. Thanks again for the hard work of the organizers for the 13th roundtable which was a big success! RMIT last hosted our community of ADR scholars in 2014, and after many years, I am so pleased to have the opportunity to again host ADR researchers.

Announcement: 14th Roundtable at RMIT in Melbourne

I am pleased to announce the details of the 14th Australian Dispute Resolution Research Network roundtable. It will be held at RMIT University on the 18th and 19th November 2026 at our city campus. Thanks again for the hard work of the organizers…

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Should Neutrality be scrapped once and for all? (Part 1 of 3) By Rory Gowers, Transformation Architect and Principal of The Constructive Solution This article is 1 of 3 within the series and is re-published with permission. The original publication can be found at www.myrespectability.com Preface The question of mediator neutrality has been one of the most contested and generative conversations in our field for the better part of two decades. It began seriously with Bernie Mayer’s landmark 2004 work and has since been deepened by the behavioural turn literature, by scholars of genuine distinction, and by the honest frustrations of practitioners who have felt the gap between the ideal and the reality grow uncomfortably wide.

Should Neutrality be scrapped once and for all? (Part 1 of 3)

By Rory Gowers, Transformation Architect and Principal of The Constructive Solution This article is 1 of 3 within the series and is re-published with permission. The original publication can be found at www.myrespectability.com Preface…

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Four Rs for Practicing Conflict Transformation from the Inside Out By Susan L. Brooks Toward the end of November 2025, I had the great honor and pleasure of facilitating the opening session of the ADR Research Forum. The theme I chose was Transforming Conflict from the Inside Out: Exploring the Inner Work that Supports Our Outer Work. I introduced several approaches emphasizing the need for researchers and practitioners in the field of alternative dispute resolution, which I prefer to think of as…

Four Rs for Practicing Conflict Transformation from the Inside Out

By Susan L. Brooks Toward the end of November 2025, I had the great honor and pleasure of facilitating the opening session of the ADR Research Forum. The theme I chose was Transforming Conflict from the Inside Out: Exploring the…

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Negotiation and a Virtual Reality Simulation for Immersive Learning Alvedi Sabani and Kathy Douglas Negotiation has always been a practical skill best learned by doing. For decades, negotiation education across law, business, and the social sciences has relied on roleplays and debriefing as its signature pedagogy. These activities remain powerful because they immerse learners in conflict scenarios, expose them to different perspectives, and create space for reflection, a point long recognised in…

Negotiation and a Virtual Reality Simulation for Immersive Learning

Alvedi Sabani and Kathy Douglas Negotiation has always been a practical skill best learned by doing. For decades, negotiation education across law, business, and the social sciences has relied on roleplays and debriefing as its…

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The “Behavioural Turn” in Mediation: Rethinking Autonomy, Choice and Ethics This post summarises and reflects on ideas first developed in the co-authored article, “The ‘Behavioral Turn’ in Dispute Resolution: Implications for Mediation Theory and Practice”, originally published in the Ohio State Journal on Dispute Resolution 41(2) (2025). Across many disciplines, behavioural insights have transformed how we understand human decision-making. Psychology, behavioural economics, and social neuroscience increasingly reveal the extent to which human choices are shaped by cognitive biases, stress, fatigue, emotional load, social norms, and the framing of options.

The “Behavioural Turn” in Mediation: Rethinking Autonomy, Choice and Ethics

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Self-Sacrifice in Mediation: Exploring the Work of Costly Moves By Elenne Ford When people find themselves locked in conflict, the usual advice is to stand firm and assert their position, interests and rights. Self-assertion dominates our cultural playbook. The titles of popular conflict resolution books give the flavour succinctly: Getting to Yes: Negotiating Agreement Without Giving In;1 I Wanted Fries with That: How to Ask for What You Want and…

Self-Sacrifice in Mediation: Exploring the Work of Costly Moves

By Elenne Ford When people find themselves locked in conflict, the usual advice is to stand firm and assert their position, interests and rights. Self-assertion dominates our cultural playbook. The titles of popular conflict…

2 months ago 1 0 0 0

Challenges and Disqualifications to Arbitrators in ICSID Arbitration: New Development or Confusion? Sitong Li PhD Student (Chinese University of Hong Kong) International dispute settlement mechanisms have significantly proliferated in recent decades, playing a central role in global governance. The volume of litigation before these international courts and tribunals is also on the rise. Among the various international dispute settlement mechanisms, investor-State arbitration plays a significant role. Investor-State arbitration can take place under various rules, one of which is…

Challenges and Disqualifications to Arbitrators in ICSID Arbitration: New Development or Confusion?

Sitong Li PhD Student (Chinese University of Hong Kong) International dispute settlement mechanisms have significantly proliferated in recent decades, playing a central role in global governance.…

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Emotionally Responsive Mediation: Reforming Personal Injury Dispute Resolution By Dr Tina Popa, (Senior Lecturer in Law), Dr Christina Platz (Senior Lecturer in Law), Dr Kayleigh Young (Clinical Psychologist) and Dr Kate Jackowski (Forensic Psychologist) Introduction Personal injury (PI) disputes are emotionally charged legal processes, as they often involve physical injuries, trauma and psychological distress (Akkermans, 2020). This means that injured claimants can frequently have a desire to have their non-legal needs addressed through acknowledgement and or a desire for an apology (

Emotionally Responsive Mediation: Reforming Personal Injury Dispute Resolution

By Dr Tina Popa, (Senior Lecturer in Law), Dr Christina Platz (Senior Lecturer in Law), Dr Kayleigh Young (Clinical Psychologist) and Dr Kate Jackowski (Forensic Psychologist) Introduction Personal injury (PI) disputes…

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What do we Call Ourselves Blog: Conflict Manager or Dispute Resolver? Peter Condliffe PhD and Claire Holland PhDThis blog is a summary of a more substantive paper currently in preparation and is based on that paper: See Condliffe, P and Holland C, What Do we Call Ourselves: Conflict Manager or Dispute Resolver, in preparation. Introduction This blog has come about as a result of the author’s collaboration on a new and seventh edition of Conflict Management: Theory and Practice (previously titled ‘Conflict Management: A Practical Guide’ Lexis Nexis, 2019).

What do we Call Ourselves Blog: Conflict Manager or Dispute Resolver?

Peter Condliffe PhD and Claire Holland PhDThis blog is a summary of a more substantive paper currently in preparation and is based on that paper: See Condliffe, P and Holland C, What Do we Call Ourselves: Conflict Manager or…

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The IOMed Convention: How It Could Redefine Cross-Border Mediation By Akshat Garg This article has been republished with permission. The original publication can be found at Kluwer Mediation Blog. On 30 May 2025, the global dispute resolution landscape quietly shifted. In Hong Kong SAR, 33 countries signed the Convention on the Establishment of the International Organization for Mediation (“IOMed”), the world’s first intergovernmental body dedicated solely to mediation.

The IOMed Convention: How It Could Redefine Cross-Border Mediation

By Akshat Garg This article has been republished with permission. The original publication can be found at Kluwer Mediation Blog. On 30 May 2025, the global dispute resolution landscape quietly shifted. In Hong Kong SAR, 33…

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13th Network Roundtable: Call for papers extended to Monday 3 November There's still time to get your abstract in! Please submit your abstract by 3 November 2025. The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at Monash University Clayton campus, Melbourne. The roundtable is supported by the Faculty of Law at Monash University and the Australian Centre for Justice Innovation…

13th Network Roundtable: Call for papers extended to Monday 3 November

There's still time to get your abstract in! Please submit your abstract by 3 November 2025. The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at…

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The Art of the Prompt for Lawyers, Mediators, and Arbitrators John Lande This article has been republished with permission. The original publication can be located within Indisputably. The quality of AI outputs depends on users’ skill in inputting good prompts. That’s the premise of my new article: The Art of AI Prompting in Law and Dispute Resolution Practice. It provides practical guidance about how to use AI tools responsibly, ethically, and effectively.

The Art of the Prompt for Lawyers, Mediators, and Arbitrators

John Lande This article has been republished with permission. The original publication can be located within Indisputably. The quality of AI outputs depends on users’ skill in inputting good prompts. That’s the premise of my new…

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When Apologies Don’t Come: Understanding and Managing Refusal to Apologise in Mediation By Dr Samantha Hardy and Dr Judith Rafferty This article has been republished (with minor amendments) with permission. The original publication can be found at The Conflict Management Academy. Apologies can be transformative. A genuine “I’m sorry” has the potential to mend trust, restore dignity, and signal a willingness to move forward. Yet in practice, many mediators have sat through sessions where one party waits, sometimes desperately, for an apology that never arrives.

When Apologies Don’t Come: Understanding and Managing Refusal to Apologise in Mediation

By Dr Samantha Hardy and Dr Judith Rafferty This article has been republished (with minor amendments) with permission. The original publication can be found at The Conflict Management Academy. Apologies can be…

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Reminder: Registration and Call for Papers for Australian Dispute Resolution Research Network Roundtable The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at Monash University Clayton campus, Melbourne. The roundtable is supported by the Faculty of Law at Monash University and the Australian Centre for Justice Innovation. We are accepting paper proposal's for the Roundtable. We welcome proposals that consider dispute resolution from a scholarly, critical and/or empirical perspective.

Reminder: Registration and Call for Papers for Australian Dispute Resolution Research Network Roundtable

The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at Monash University Clayton campus, Melbourne. The roundtable…

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Getting Ahead of the Curve: A Video for Mediators and Lawyers About AI Artificial intelligence (AI) is increasingly part of daily life in legal and mediation practice. Mediators and lawyers (“practitioners”) may wonder how they can use it to provide good client service and remain competitive in the marketplace. Indeed, some practitioners may wonder whether they’ll be able to do so in the future without using AI. Recent data show that lawyers’ use of AI in the US is growing rapidly – and many practitioners will need to learn how to use it effectively to succeed in a changing market.

Getting Ahead of the Curve: A Video for Mediators and Lawyers About AI

Artificial intelligence (AI) is increasingly part of daily life in legal and mediation practice. Mediators and lawyers (“practitioners”) may wonder how they can use it to provide good client service and remain competitive in…

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Navigating the Grey Zones: A Practical Guide to Ethical Decision-Making for Mediators Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. The Conflict Management Academy has been running “The Mediator’s Dilemma Series” events this year, in which mediators explore a challenging hypothetical and discuss how they would deal with the dilemmas at various stages of the process. These events have been well attended and the discussions enlightening (and sometimes heated!) but what struck me after having reviewed the sessions so far is that the ethical decision making process used by participants was, well to be frank, rather ad hoc.

Navigating the Grey Zones: A Practical Guide to Ethical Decision-Making for Mediators

Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. The Conflict Management Academy has been running “The Mediator’s Dilemma…

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Thinking Like Mediators About the Future of AI John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. Imagine you’re a mediator and someone tells you what’s troubling them. They’re deeply upset about a product they believe poses serious risks. They cite past harms, question whether it should ever have been introduced, and urge that it be removed from the market or tightly restricted.

Thinking Like Mediators About the Future of AI

John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. Imagine you’re a mediator and someone tells you what’s troubling them. They’re deeply upset about a product they…

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Mediator Dilemmas, Reflective Practice, and the Artistry of Ethical Judgment Dr Claire Holland Why Mediator Dilemmas Matter Mediation is often described as structured and principled. An approach that empowers parties to find their own way through conflict with the support of a neutral third party. At its best, mediation provides a space where voice, dignity, and autonomy are protected. Yet, despite this aspirational framing, the reality of practice is rarely straightforward.

Mediator Dilemmas, Reflective Practice, and the Artistry of Ethical Judgment

Dr Claire Holland Why Mediator Dilemmas Matter Mediation is often described as structured and principled. An approach that empowers parties to find their own way through conflict with the support of a neutral third party.…

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Boundaries in conflict Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. In my work with clients in conflict, I constantly find that they have missed many opportunities to manage conflict more effectively. In particular, they often fail to set appropriate boundaries (or ANY boundaries) to allow themselves to be at their best in conflict situations.

Boundaries in conflict

Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. In my work with clients in conflict, I constantly find that they have missed many opportunities to manage conflict more effectively. In…

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Medianos Intercultural: Constructive Intercultural Protocol for Sustainable Conflict Responses Massimiliano Ferrari's creation of Medianos, a board game designed to help parties align with "interests and needs" rather than "positions", demonstrates measurable success in Western mediation training contexts (Tambù Creative Team, 2023). The board game is designed to effectively teach collaborative problem-solving skills and transform adversarial thinking patterns. Ferrari's intent to democratize mediation knowledge through accessible gameplay merits recognition (Gowers, 2025).

Medianos Intercultural: Constructive Intercultural Protocol for Sustainable Conflict Responses

Massimiliano Ferrari's creation of Medianos, a board game designed to help parties align with "interests and needs" rather than "positions", demonstrates measurable success in Western mediation training…

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Considering where to publish your Dispute Resolution research and experience Pauline Collins and David Spencer This article has been republished and adapted with permission. The original publication can be located within the Australasian Dispute Resolution Journal. Despite people negotiating disputes since time immemorial, the formalisation of dispute resolution in Australia dates back only around half a century. Prior to this there was litigation, compromise offers and informal settlement negotiations. Dispute resolution also referred to as alternative, assisted, additional dispute resolution or just dispute management now entails a growing range of approaches to assist parties in resolving or managing their dispute.

Considering where to publish your Dispute Resolution research and experience

Pauline Collins and David Spencer This article has been republished and adapted with permission. The original publication can be located within the Australasian Dispute Resolution Journal. Despite people negotiating…

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Rethinking Family Mediation in England and Wales, and Beyond For several decades, the Australian family dispute resolution literature has examined the operation of family mediation and other family dispute resolution procedures. Much of this data comes from funded evaluations and projects following the Family Law Amendment (Shared Parental Responsibilities) Act 2006. However, the English and Welsh literature on contemporary family mediation is limited in comparison. Much of our research has remained focused on the court system, even though many, if not most, people involved in child arrangements or post-separation financial matters deal with their disputes outside of it.

Rethinking Family Mediation in England and Wales, and Beyond

For several decades, the Australian family dispute resolution literature has examined the operation of family mediation and other family dispute resolution procedures. Much of this data comes from funded evaluations and projects…

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Are Mediators Ever Liable? Rethinking Accountability in Our Practice Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. Inspired by Jennifer L. Schulz (2023). Mediator Liability 23 Years Later: The “Three C’s” of Case Law, Codes, & Custom. Ottawa Law Review / Revue de droit d’Ottawa, 55(1):151–186. Available at: A Quiet Assumption For many of us working in the mediation field, there’s a quiet assumption we rarely question: that we’re not likely to be sued for what happens in a mediation room.

Are Mediators Ever Liable? Rethinking Accountability in Our Practice

Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. Inspired by Jennifer L. Schulz (2023). Mediator Liability 23 Years Later: The “Three C’s”…

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13th Australian Dispute Resolution Research Network Roundtable 27-28 November 2025 Monash University Call for Paper Proposals The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at Monash University Clayton campus, Melbourne. The roundtable is supported by the Faculty of Law at Monash University and the Australian Centre for Justice Innovation. The roundtables are designed to encourage a collaborative and supportive research environment in which papers are work-shopped and discussed in detail.

13th Australian Dispute Resolution Research Network Roundtable

27-28 November 2025 Monash University Call for Paper Proposals The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at Monash University Clayton campus,…

9 months ago 0 0 0 0

What’s the alternative to mediation? Meet the European Board Game Going Global Responding to @Massimiliano Ferrari's recent post sharing @Dr. Anna Maria Bernard's powerful insights about digital conflicts in Basilicata. Here's what we're seeing as Medianos spreads globally... Massimiliano Ferrari's sharing of Dr. Anna Maria Bernard's insights from Basilicata Region perfectly captures what those who understand transformation are witnessing worldwide - the emerging need for approaches that naturally dissolve digital-age conflicts. Dr. Bernard's experience with Medianos confirms what you may already be sensing as this remarkable method continues spreading across continents.

What’s the alternative to mediation? Meet the European Board Game Going Global

Responding to @Massimiliano Ferrari's recent post sharing @Dr. Anna Maria Bernard's powerful insights about digital conflicts in Basilicata. Here's what we're seeing as Medianos spreads globally... Massimiliano…

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AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. Imagine doing your work without word processing, spell checkers, email, the internet, search engines, voicemail, cell phones, or Zoom. That’s how you’ll probably feel in the not-too-distant future about working without artificial intelligence (AI). Innovations often seem radical at first. In time, people just take them for granted.

AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think

John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. Imagine doing your work without word processing, spell checkers, email, the internet, search…

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Introducing the Financial Industry Disputes Resolution Centre in Singapore and its Unique Approach to Mediation By Eunice Chua (CEO, FIDReC) and Rachel Lim (Intern, FIDReC) The context of consumer financial disputes Tom went on an overseas holiday with his friends, and they went out to a pub on their last night. They drank till the early hours of the morning. Tom was in a celebratory mood and paid for everyone’s drinks with his credit card. He and his friends left for their hotel at 3am.

Introducing the Financial Industry Disputes Resolution Centre in Singapore and its Unique Approach to Mediation

By Eunice Chua (CEO, FIDReC) and Rachel Lim (Intern, FIDReC) The context of consumer financial disputes Tom went on an overseas holiday with his friends, and they went out to a pub on…

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Sometimes You Need to Be Seen to Be Heard: Three Easy Ways to Visualize What Matters in Your Dispute Dan Berstein & Robert Bergman This article has been republished with permission and the original publication can be located at Mediate.com. It can be difficult to get on the same page when you are caught in the middle of an adversarial dispute. Each party has their own biases – they want to win! Amidst a deluge of seemingly endless “facts” to pick from, sometimes it can feel like the parties are living in entirely different universes.

Sometimes You Need to Be Seen to Be Heard: Three Easy Ways to Visualize What Matters in Your Dispute

Dan Berstein & Robert Bergman This article has been republished with permission and the original publication can be located at Mediate.com. It can be difficult to get on the same page when you are…

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RPS Coach is Biased – And Proud of It John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. We all know that it’s bad to be biased, right? Wrong. That assumption is its own bad bias. Biases are inevitable – in humans and bots alike. Some biases are harmful. Others are helpful. Many are neutral. But bias itself is unavoidable.

RPS Coach is Biased – And Proud of It

John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. We all know that it’s bad to be biased, right? Wrong. That assumption is its own bad bias. Biases are inevitable – in humans…

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How Attorneys Can Be Quasi-Mediators John LandeThis article has been republished and adapted with permission. The original publication can be located within the University of Missouri School of Law Journal. How Can You Turn Adversarial Attorneys into Quasi-Mediators?, my Theory Meets Practice column in CPR’s Alternatives magazine, summarizes a discussion with members of the Association of Attorney-Mediators. It builds on Creating Educational Value by Teaching Law Students to be Quasi-Mediators…

How Attorneys Can Be Quasi-Mediators

John LandeThis article has been republished and adapted with permission. The original publication can be located within the University of Missouri School of Law Journal. How Can You Turn Adversarial Attorneys into Quasi-Mediators?, my Theory Meets Practice…

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Posts by Lisa Toohey