John Wade is an Emeritus Professor of Law at Bond University and a practicing lawyer. John is a nationally and internationally acclaimed expert in dispute resolution, legal education and family law. For the last 40 years he has taught at two Australian, three Canadian, one French and four US law schools. He has led over 250 courses in mediation and negotiation for law firms, government and industry in UK, Hong Kong, NZ, USA, Indonesia and Australia. John was one of the founding editors of the Legal Education Review and pioneered the postgraduate teaching of educational methods and theory to new law teachers. He has published over 100 books and refereed journal articles.
Mediation practice. Since 1987, John has mediated hundreds of disputes in areas of family property, organisational, succession, insurance, and child disputes. He has developed a specialty in family property conflicts. In 2011, John was named by the International Bar Association as one of the top nine commercial mediators in Australia. In 2013, John moved to Vancouver, Canada with his family, and continues his mediation practice and teaching there.
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Negotiation Lessons from the Book (not the Film) of Exodus
The recent film “Exodus: Gods and Kings” has sparked some renewed interest in the actual written record of those events.So I share some of the themes which have emerged belatedly for me in this case study extraordinaire. One of the indicators from research of an “expert” modern day negotiator is someone who takes time to reflect systematically on past negotiations and attempts to record lessons from those events.
The Last Gap in Negotiations. Why is it Important?
The aim of this paper is threefold. First, to summarise some basic principles concerning negotiation; secondly, to reflect on the reasons why the last gap in negotiations is difficult to cross; and thirdly, to set out in problem solving fashion a number of methods or options to anticipate and cross the last gap.
Bargaining in the Shadow of the Tribe - Part 2
This article and these case studies discuss the outside influences in any dispute -- children, parents, coworkers, and even the other party's influences.
Bargaining in the Shadow of the Tribe
There are a number of predictable hurdles faced by negotiators and mediators. One of these is the tendency of negotiators to say or raise suspicions that they do not have authority to settle. Rather they must first consult with influential outsiders or constituents.
What Do Our Clients Want?
Our job as mediators is to serve our clients. We can hope that we are meeting that goal, or we can develop ways to check-in with our clients to ensure that we are serving them well.
Negotiating Beyond Agreement to Commitment
This article speculates on rates of non-performance of different types of agreements; then sets out reasons for breach; and finally suggests a catalogue of methods to increase the durability of or commitment to negotiated agreements.
Teaching Conflict Management Courses: Part 3
This is the third in a 3-Part series that discusses the Dispute Resolution teaching profession. This section focuses on the "repeat" clients of students; and how to take care of them after they have finished the course.
Teaching Conflict Management Courses: Part 2
What follows are a few thoughts to prompt discussion among people involved in education in the field of conflict management. They are based on anecdotes and experience of the writer working in the DR field as a teacher, lawyer and mediator for several decades. This is the second in a three-part series, analyzing dispute resolution program uniqueness and career options.
Teaching Conflict Management Courses: Part 1
Professor John Wade takes an honest look at themes and challenges of teaching dispute resolution courses in this 3-part series. He begins by examining the cycles of change and the worldwide themes.
Evaluative and Directive Mediation: All Mediators Give Advice--Part 2 of 2
This article (the second in the series) describes the pros and cons of evaluative and directive mediation.
Evaluative and Directive Mediation: All Mediators Give Advice--Part 1 of 2
Debates have arguably matured in other professions such as health care, where tensions, competition, limited funding and research exist, sometimes helpfully, between surgical, chemical, psychological, exercise and do-nothing interventions. The writer suggests that as these ongoing similar mediation debates are unpackaged, the debates become more helpful, rather than fog and noise.
From John Wade
Mediate.com has become the key one stop shop of freely shared ideas and resources in the conflict management field. Its founders have walked the talk of co-operation and encouragement of others.
Weaknesses of the Problem-Solving (or Facilitative) Model of Mediation
The writer as mediator has used a problem-solving model of mediation on most
occasions for 17 years. However, all models of “helping” overlap and have both
strengths and weaknesses.
Representing Clients Effectively in Negotiation, Conciliation and Mediation in Family Property Disputes
This paper argues that a major task for lawyers in family disputes, negotiations, conciliation and mediation, is to assist clients make wise decisions in the face of uncertainty. A short preparation model of five humble hypotheses is set out. This model is then applied to a fact scenario as an illustration.
The Representative At Mediation And Negotiation
The potential advantages and disadvantages of representation provide a sobering challenge, to clients and representatives, to reflect upon the degree of involvement of a representative which will be helpful in each mediation. A competent mediator will want to brainstorm possible answers to this important question with each representative.
Smart Choices - A Practical Guide to Making Better Decisions
Book Review by John Wade
Published by: (Boston: Harvard Business School Press, 1999) pp 244.
Negotiation and Mediation Concepts and Terminology
Concepts and terminology come with any specialized territory, and negotiation and mediation are no exception. The Bond University Dispute Resolution Newsletter (Australia) offers the following definitions for a variety of terms.
The Transition of ADR to ADM
Nomenclature in the dispute resolution world has gone through many transitions. There are at least four meanings of the term "ADR." The Bond Dsipute Resolution News examines each in turn, before considering ADM and its possible meanings.
Written Diagnostic Reports By Mediators
Successful organisational mediators and consultants have been accustomed for decades to add a "reporting" step into the classical mediation process. The diagnostic report does not go as far as recommending a particular substantive outcome. The challenge is to add this tool to the tool-box and offer clear written reports for the "right" cases. This article expores the diagnostic report in detail, and includes an example for scrutiny.