Publications

Year	Subject	Publication	File	Info
2006	Research Findings	Legal Week		5 October 2006 Legal Week reported the findings of Amanda Bucklow who has researched attitudes and expectations about commercial mediation. She has concluded that regulation of mediation is not desirable and that focussing on standards and training is preferable. She identifies the key skills, qualities and attributes of mediators as building rapport, listening, stamina, empathy, patience and humour. She has discovered that the skills and qualities that are valued by parties and advisers who have experienced mediation include: trustworthiness, gravitas, patience, confidence, even-handedness, impartiality, optimism, persistence, understanding, imagination, and being "quick on the uptake". The research covered a year of mediations with 30 mediators and 30 “serial users of mediation”. The purpose of the research was to identify and start a process of evaluating the intangible strengths of mediators. Amanda described how excellent mediators use their skills to create an environment for parties to “choose to agree”. The research highlighted how users of mediation value some strengths which mediators themselves take for granted (for example: ability to build trust), or those which mediators do not even mention as part of their mediation ability (for example: intelligence and incisiveness).

2006	Research Findings	Arbitration - The Journal of the Chartered institute of Arbitrators		The paper addresses some of the myths around mediation and explores some of the issues raised during the research including the question of regulation.

2007	Research Findings	The International Journal of Arbitration, Mediation and Dispute Management		In depth commentary on the research findings along the themes of paradox and intangible strengths.

2007	Still Measuring Value - part 1	Solutions - Law Society Dispute Resolution		Part 1 of a two part paper on expanding the use of mediation in public law and policy making

2007	Still Measuring Value - part 2	Solutions - Law Society Dispute Resolution		Part 2 of a two part paper on expanding the use of mediation in public law and policy making

2007	An imaginary dialogue between Gandalf and Prospero on the question of mediators – criteria for appointment … and for reflection?	Amanda's Corner - International Bar Association - Legal Practice Division Mediation Newsletter		Based on the research findings about what makes an effective mediator, Gandalf and Prospero talk about how that might affect how parties and their representatives choose a mediator.

2008	The Aggravation Process	Solutions - Law Society Dispute Resolution		Why the grievance process makes matters worse.

2008	Let's Mediate	Public Service Directory		Why and how mediation can support public sector organisation in addressing key concerns.

2008	Gandalf and Prospero second imaginary dialogue: on insurers in mediation	Amanda's Corner - International Bar Association - Legal Practice Division Mediation Newsletter		Gandalf and Prospero converse about the role of insurers in mediation and how they affect the dynamics of the negotiations

2008	Rimini - Poisoned Chalice or missed opportunity?	Rail Technology Magazine		Reassessing the Risk Minimisation standard and the resistance to change within the rail industry. Examining what is essential for behaviour to change. This article is relevant for project mediation and large group conflict.

2008	Can you keep a secret?	Solutions - Law Society Dispute Resolution		The nature of confidentiality in mediation.

2009	Gandalf and Prospero third imaginary dialogue: The dance of risk and reward	Amanda's Corner - International Bar Association - Legal Practice Division Mediation Newsletter		The tension between co-operation and competition when designing business contracts and how to avoid "compromise".

2009	Mediation - Why and how?	Geolympics		Mediation for projects. How it manages the risks.

2009	Raising the Bar	Solutions - Law Society Dispute Resolution		With increasing numbers of mediators, some trained for as little as 24 hours, pouring into an already saturated market, Amanda Bucklow asks how we can develop the mediation education process to benefit both new mediators and their client base.

Publications

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A series of imaginary dialogues between Gandalf and Prospero on

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	The question of mediators – criteria for appointment and for reflection?
	Insurers in mediation
	The dance of risk and reward