I thought I had said goodbye to Disney’s FROZEN but…
Published on the Kluwer Mediation Blog on 22/11/2024.
In this article, Rosemary explores the way Frozen’s popular hit ‘Let it Go’ has a transformative meaning beyond simply being told to move on. Instead, she finds that there is a hidden subtext about getting creative.
Mind the Gap - the dangers of losing track of the narrative.
Published on the Kluwer Mediation Blog on 22/4/2024.
In this article, Rosemary examines narrative hijacking. She explores how Professor Frank Sander’s original notion of a ‘comprehensive justice centre’, developed in his paper for the 1976 Pound Conference, was transformed into the different and less valuable concept of the ‘multi-door courthouse.
Published on the Kluwer Mediation Blog on 22/2/2024.
In this second part of a two-part blog-post, Rosemary expands on the insights foregrounded in Part 1. Touching on the role of constructed narratives in a hyperpolarised world, she proposes ways to both challenge and change these stories.
Published on the Kluwer Mediation Blog on 22/1/2024.
This is Part 1 of a two-part blog-post drawing on research which exposes how we develop the narratives for our lives and experiences and how strongly we resist changing them. Rosemary explores what narrative means for us in the field of conflict resolution as we navigate an increasingly complex global context.
Context – going back to the drawing board
Published on the Kluwer Mediation Blog on 22/11/2023
As the old title of a research paper takes on a new meaning, Rosemary revisits context and the constant challenge it presents for conflict resolution professionals.
Student competitions – shining a spotlight on mediation competition judges
Published on the Kluwer Mediation Blog on 22/9/2023
In this article, Rosemary presents her scorecard for judges of student competitions on both their strengths and areas of improvement.
Making mediation a safe place – for the mediator
Published on the Kluwer Mediation Blog on 22/7/2023
Rosemary reflects on the creation of a safe space, whether that is in the classroom or the mediation room in-person and online.
Thinking about mediator self-care
Published on the Kluwer Mediation Blog on 22/5/2023
Rosemary shares three valuable tools for self-care she has learnt from undertaking Daniel Goleman’s Emotional Intelligence Course.
The rise of Fake News – Challenging the tools of ‘Getting to Yes’
Published on the Kluwer Mediation Blog on 22/3/2023
In this article, Rosemary explores the challenges faced by mediators when the legitimacy of objective, external criteria is denied as part of a broader ‘Fake News’ trend.
Giving Peace a Chance – revisiting some lessons from history
Published on the Kluwer Mediation Blog on 22/1/2023
Rosemary answers the question ‘What is the greatest challenge currently facing us?’ with a discussion on hyper-polarisation and how we can learn from trailblazing peacemakers.
“If you build it, they will come” – why mediators should be skeptical
Published on the Kluwer Mediation Blog on 22/11/2022
Rosemary reflects on the reality of supply and demand of mediation, and the failings of the profession in cultivating a secure and in-demand industry.
Time to break down the silos?
Published on the Kluwer Mediation Blog on 22/10/2022
Rosemary questions the usefulness of the siloed nature of the mediation community and draws from her experience within the facilitation field to encourage the continuation of innovation and collaborative learning in the profession.
When Mediators Make Mistakes
Published on the Kluwer Mediation Blog on 22/8/2022
In this article, Rosemary grapples with making mistakes as a professional and balancing feeling regret for harm caused with seeking value in the learning experience.
Can we rely on judges to bring mediation into the mainstream?
Published on the Kluwer Mediation Blog on 22/7/2022
In collaboration with Alan Limbury, Rosemary discusses the evolution of the triage process and the future of judicial dispute resolution.
Why are we still talking about apologies?
Published on the Kluwer Mediation Blog on 22/6/2022
In this post, Rosemary talks about the apology: its unchanging place in the mediation room, contemporary public apology failings, and how one can apologise effectively.
Keeping Mediation out of the Box
Published on the Kluwer Mediation Blog on 22/4/2022
Rosemary draws upon her MBTI expertise and Joel Lee’s work as an example for the cross-disciplinary tools mediators can (and should) access in their practice.
The mediator’s toolkit – where does anxiety fit?
Published on the Kluwer Mediation Blog on 22/2/2022
Reflecting on the prevalence of anxiety in the mediation room, Rosemary outlines the support available and the potential for reframing and refocusing the disorder in a positive way.
Reflections on not ‘Getting to Yes’
Published on the Kluwer Mediation Blog on 22/12/2021
In response to Alan Limbury’s post on the value of the partisan, Rosemary reflects upon her own aspirations for ‘getting to yes’ as a focus of mediation success to supporting parties to explore broader mediation opportunities through a reconsideration of the use of BATNA.
Adding ‘MerkeIn’ to our Conflict Resolution vocabulary
Published on the Kluwer Mediation Blog on 22/10/2021
Rosemary outlines the profound negotiation and dispute resolution lessons that can be learnt from Dr. Angela Merkel.
To Mary Parker Follet – An apology from a fan
Published on the Kluwer Mediation Blog on 22/8/2021
In this post, Rosemary acknowledges the oft footnoted and dismissed foundational contributions of Mary Parker Follet in the field of negotiation and conflict resolution.
The Power of Congruence
Published on the Kluwer Mediation Blog on 22/5/2021
In this post Rosemary considers how congruence facilitates trust and authenticity and identifies the ‘congruence traps’ that mediators may be susceptible to.
Changing the frame – new empirical research listens to the voices of consumers
Published on the ADR Research Network Blog on 9/4/2021
This article analyses Dr Anna Howard’s new text and its relevance in the commercial mediation space and beyond.
ICC International Commercial Mediation Competition
Published on the Kluwer Mediation Blog on 22/3/2021
Rosemary acted as coach for the UNSW Mediation team for 15 of the 16 years that the International Commercial Mediation competition was delivered by the ICC. In 2021, she says goodbye and thank you for your contribution to the next generation of mediators.
Mediation as a Megaphone
Published on the Kluwer Mediation Blog on 22/1/2021
In this post, Rosemary considers the ‘megaphone effect’ and the centrality of emotion in mediation.
Poking the Bear (or not!) Lessons from the Negotiator's Toolbox
Published on Linkedin on 5/12/2020
Rosemary considers the recent developments in Australia-China relations and suggests a script to reframe the attack and regain the narrative.
Combative Behaviour – aggression and anger in the mediation room
Published on the Kluwer Mediation Blog on 22/11/2020
Rosemary identifies a rise in aggression and combative behaviour in the mediation room and opens a discussion on potential causes.
Mining the cultural conversation – more lessons from our students
Published on the Kluwer Mediation Blog on 22/9/2020
Rosemary introduces a blogpost crafted by UNSW student Zaynab Gul, who provides an insightful reflection on what modern ADR could learn from Islam.
More in Sorrow than in Anger – Tools of the master communicator
Published on Linkedin on 19/8/2020
Rosemary draws out the power of well-expressed disappointment as a tool for communicating with bullies and narcissists and reflects upon the persuasive example of Michelle Obama’s speech at the 2020 Democratic convention.
Revisiting challenge of staying with conflict
Published on the Kluwer Mediation Blog on 22/7/2020
In this post, Rosemary draws on the sage words of her students to reflect on the successes and failures of her mediation strategy in two complex and longstanding conflicts.
Changing the Frame – A tool for rapport building in an age of distance
Published on the Kluwer Mediation Blog on 22/5/2020
In the new age of online dispute resolution, Rosemary considers the possibility of ‘doing things together’ online as a tool for re-energising conflict exploration.
The Interruption Game – Why are we still playing?
Published on the Kluwer Mediation Blog on 22/3/2020
Rosemary draws out the gendered elements of ‘interruption compulsion’ and the value of disentangling intent from impact.
The GPC North America Report – reading between the lines
Published on the Kluwer Mediation Blog on 22/2/2020
In this post Rosemary meticulously analyses and engages with the findings of the GPC North America Report.
Kindergarten and conflict – Pre-school leadership in conflict resolution
Published on the Kluwer Mediation Blog on 22/1/2020
Rosemary engages with an inspiring preschool approach to conflict resolution centred upon encouraging ongoing self-reflection about the impact of conflict on personal wellbeing.
The story of a collaborative journey – through the lens of reimagining the conflict narrative using lessons from Indigenous Australians
Published on the ADR Research Network Blog on 4/12/2019
Rosemary collaborates with Dr Emma Lee, a trawlwulwuy woman of tebrakunna country, to explore the potential for a new approach to dispute resolution built on lessons to be learned from our First Peoples.
Embracing the Magic of Conflict
Published on the Kluwer Mediation Blog on 22/11/2019
Rosemary links the work of Thomas Crum, who advocates for developing an admiration for conflict, to the broader value of conflict as an element of daily life.
Early intervention – an encouraging case study
Published on the Kluwer Mediation Blog on 22/9/2019
Rosemary analyses a program developed by the Department of Health and Human Services in Victoria, Australia as an alternative pathway to resolving employee disputes.
All You Need is Love – More Lessons from the Beatles and from Indigenous Australians
Published on the Kluwer Mediation Blog on 22/7/2019
Rosemary invites Dr Emma Lee to discuss the remarkable conflict resolution exercise of ‘love bombing’ and Dr Lee’s recent work in resetting the relationship between Aboriginal Tasmanians and the government.
UNSW builds its ADR footprint and the ADR Research Network welcomes a new member
Published on the ADR Research Network Blog on 15/7/2019
Rosemary welcomes Professor Amy Cohen, an accomplished international academic who specialises in ADR and Trade Law, to the UNSW law faculty.
The Trusted Advisor is alive and well – I told you so!
Published on Linkedin on 1/7/2019
In this post, Rosemary considers David Maister’s work and the competing business models of ‘Deep Discounting’ and the ‘Trusted Advisor.’
Mining Frank Sander’s Legacy – Triage And More In A Bold Australian Experiment
Published on the Kluwer Mediation Blog on 22/5/2019
Rosemary analyses the structural base of Australia’s National Mediation Conference, and the creation of TRAMM as an analytic tool.
Court Managed Expert Evidence – Using ADR techniques to enhance the integrity and utility of expert evidence in the Land Court
Published on the ADR Research Network Blog on 30/4/2019
Rosemary engages with the challenging and thought-provoking session delivered by Fleur Kingham, President of the Land Court of Queensland, in the National Mediation Conference 2019.
Can Poetry teach us about Mediation?
Published on the ADR Research Network Blog on 26/4/2019
In this post, inspired by the research of David Bryson, Rosemary links the thoughtful machinery of poetry to the processes of ADR.
More gems from NMC 2019
Published on the ADR Research Network Blog on 17/4/2019
Rosemary reflects upon the research of her daughter and fellow mediator, Emma-May Litchfield, who challenged those at the National Mediation Conference in 2019 to identify their own perception of whether emotion enters the room as part of the mediation process.
The National Mediation Conference 2019 opens
Published on the ADR Research Network Blog on 16/4/2019
Rosemary reflects upon the opening plenary sessions of the 2019 National Mediation Conference, including Chris Honeyman’s ‘no tools and no rules’ mantra.
Understanding the Brexit dilemma – How negotiation games provide analytical tools
Published on the ADR Research Network Blog on 5/4/2019
Rosemary analyses the Brexit negotiations through the lens of game theory, its presence in negotiation games and considers the benefits of ‘naming the game.’
Women leaders and the 'Poisoned Chalice' syndrome
Published on Linkedin on 23/3/2019
In this blogpost, Rosemary battles Election Day frustration and reflects upon the campaign of Gladys Berejiklian, yet another ‘Poisoned Chalice’ woman.
Welcome To The Future: Showcasing The Next Generation of Mediators Stepping Up And Stepping Out
Published on the Kluwer Mediation Blog on 22/3/2019
In the spirit of supporting and platforming the next generation of mediators, Rosemary interviews three new entrants to mediation: Zeynep Selcuk, Angela Herberholz and Anna Howard.
International Women’s Day – an ‘aha’ moment
Published on 8/3/2019
In this post, Rosemary reflects upon her natural and immediate reaction to being asked to deliver the keynote address at a prestigious Spanish mediation conference.
It’s not cricket! – But it is a lesson about why apologies matter
In this post, Rosemary draws on the failures of some Australian cricket cheats to accept responsibility, and discusses the elements of an effective apology.
Triggering The Narrative – The Power Of Narrative Hooks
In this post, Rosemary considers the operation of particular phrases as ‘narrative hooks’ which can equally work to facilitate or prohibit an effective mediation.
Defining power - One NO at a time
Rosemary considers the prevalence of power imbalanced crimes in the media and suggests the introduction of a companion piece to the powerful mediation texts of ‘Getting to Yes’ and ‘Getting Past No’: ‘Getting to No.’
Reconnecting with the Power of Symbolism
Rosemary considers the effectiveness of a symbolic environment of collaboration and co-operation, using the powerful example of a WestConnex mediation imagined by UNSW students.
The era of the best/worst option continues!
In this post, Rosemary analyses the US political climate and the progression of voting to a choice between the ‘bad’ and the ‘very bad’.
Is Mediation Really Like Fruit? – Does The Conflict Have To Be Ripe?
Rosemary analyses the discussion surrounding the point at which conflict should be referred to mediation, and considers the benefits of early intervention strategies.
How judges see ADR – searching for clues
In this post, Rosemary tries to get a ‘view from the bench’ about the ADR space: starting with a review of research on how judges view court-referred ADR.
Online Dispute Resolution (ODR) in the classroom – Lessons from Millennials
Rosemary learns from her students and reconsiders the role of ODR as a complement to ADR, rather than a replacement.
Making it without faking it - building an authentic presence
In this post, Rosemary considers the rise of the ‘fake news’ era and its impact on language and perceived authenticity.
A Mediation Masterclass With A Difference
Rosemary reflects upon lessons learnt from a student masterclass in mediation that attracted the attention of lawyers and mediators across Sydney.
Experiencing the Potential of Mediation
Rosemary discusses the inclusion of ADR within Civil Procedure as part of the Priestley 11, reflecting upon the ever-increasing opportunities for students to experience the potential of ADR processes.
As UNSW takes home the first-place medal from the ICC International Commercial Mediation Competition for the second time under Rosemary’s tutelage, she posits seven lessons for supporting student success.
The problem with The Bucket List
Rosemary reflects upon Bucket List pursuits and the value in living by one’s values.
Small Business Dispute Resolution Enquiry
Rosemary is invited by the Small Business and Family Enterprise Ombudsman to consult on the state of small business dispute resolution in Australia.
In this post, Rosemary considers lessons learnt from the 24th UIA World Congress of Mediation in Singapore.
24th World Forum of Mediation Centres Singapore - Australia punches above its weight again!
Rosemary reflects upon the strong cohort of Australian academics and practitioners invited to present at the World Forum of Mediation Centres.
In this post, Rosemary considers the new imperative to speak up and speak out, and opens a discussion on the increasingly sinister connotations of silence.
Who's Who Legal Mediation 2017
Rosemary’s business, Strategic Resolution, is listed at the forefront of Asia Pacific practitioners.
It's Art if I say it is! - Archibald Prize 2017
Rosemary analyses the debate surrounding the Archibald prize winner of 2017, reflecting upon the value of being gracious and the subjectivity of experience.
The Global Pound Conference London – the end of the beginning
In this blog post, Rosemary reveals lessons learnt from the London ‘Shaping the Future of International Dispute Resolution’ conference. The conference aimed to produce reliable data about how different stakeholders saw the landscape of international dispute resolution.
Hybrids have arrived – hosted by the beautiful city of Vienna
Rosemary reflects upon the Willem C. Vis International Commercial Arbitration Moot (Vis Moot)’s value in introducing practitioners to hybrid processes of mediation and arbitration, and documents the expansion of hybrid competitions to include the newly established IBA-VIAC Consensual Dispute Resolution Competition (CDRC competition).
What’s a Heat Exchanger got to do with it? – Mediation re-imagined
In this post, Rosemary considers the diverse backgrounds of Masters of Law students, and the need for educators to re-examine how and what they teach in the ADR space to accommodate for the varied expertise of their students.
Roscoe Pound would be proud – Reflections on the history of the Global Pound Conference
The Global Pound Conference (GPC) series 2016-17 saw individual conference sessions involving 29 cities in 23 countries. In appreciation of this incredible feat, Rosemary reflects upon the legacy and contributions of Roscoe Pound.
Rosemary considers the ‘trust crisis’ revealed by the 2017 Edelman Trust Barometer, coining the acronym FOE to represent an increasing ‘Fear of Everything’.
A big pair of shoes has been filled
In this post, Rosemary shares the secrets to the collaborative success of Laurence Boulle and Rachael Field in the drafting of their new text: ‘Australian Dispute Resolution – Law and Practice (Lexis Nexis, Sydney, 2017).
The Nonna effect - a new social phenomenon
In this post, Rosemary considers the success of solar installation in low-income households in Melbourne, and the power of “the Nonna effect”, which positions older women as instruments of social change.
'Doing an Adele' - success through failure
In this post, Rosemary observes a decrease in risk appetite over the last few years and reflects on the powerful lessons to be learned from failure.
In this post, Rosemary reflects upon the 23rd World Forum of Mediation Centres, and the lessons taught by the mediators and academics chosen to represent Australia.
In this post, Rosemary coins the term ‘Brexitigation’ to encompass the wave of litigation triggered by the challenges of the Brexit journey, and considers the opportunities that are arising out of this disruptive period.
Baby, It's Cold Outside' - reflections on the significance of context
A Vanity Fair piece on the history and political reception of ‘Baby, It’s Cold Outside’ prompts Rosemary’s reflection on the significance of context in creating the frame we use to make assumptions about intention and purpose.
In this post, Rosemary reflects on the small acts of courage and integrity which define real leadership.
The era of the 'best worst option'
Rosemary considers the language of politics, and what the move from “best” to “least worst” means for political campaigning and the Australian voter.
Getting some perspective on disruption and disrupters
In this post, Rosemary considers the prevalence of disruption and disrupters in law firms, and the error in assuming they are a new phenomenon.
So what happened to innovation?
In this post, Rosemary considers what innovation looks like and how one can translate it to their own environment.
Learning from our Italian colleagues – and a ‘Room with a View’
Rosemary meets with the Managing Team of the Florence International Mediation Chambers, and reflects on their success in mediating disputes in a cost and time efficient manner.
Why story-telling matters to justice and to dispute resolution
In this post, Rosemary engages with an interview given by Julie McCrossin and Professor Larissa Behrendt, the Chair of Indigenous Research at the UTS Jumbunna Indigenous House of Learning.
Up close and (far too) personal – when ADR fails…. Or does it?
In this post, Rosemary considers ADR in a familial context, looking closely at the case of Hancock v Rinehart [2015] NSWSC 646 and why the parties were unable to resolve the dispute using ADR methods.
Trust the process – or can you?
In this post, Rosemary reconsiders the mantra of “trusting the process” as a teaching tool for mediators and reflects on the need for supervision and “on the job learning” from more experienced professional.
If it takes a village to raise a child, how do we get back to the village?
Rosemary reflects on the discussion chain from the Conflict Coaching Guild on LinkedIn.
Collaboration and ADR Community – a great new experience
In this post, Rosemary discusses the spirit of collaboration at the meeting of the ADR Network in Brisbane.
Who’s Who Legal 2013 – ADR Roundtable
Rosemary reflects on international trends in ADR.