James Duffy published a valuable piece in 2010 probing the value of emotional intelligence for mediation practice. Emotional intelligence (EI) is an established conceptual framework for harnessing the impact of mediator’s emotions in a purposive and positive way in practice. What is EI? It is a conceptual framework emanating from positive psychology and made popular by the work of Dan Goleman. EI emphasises reflective practice in relation to the emotional dimensions of intra and interpersonal experience.

EI has great potential as a framework for incorporating existing practice in relation to the emotional experiences of mediators and parties. It’s reflective emphasis resonants with established practice and developing theory about reflective practice in mediation. Its inclusion of intra and inter personal dimensions enable consideration of both a mediator’s reflection on his/her own emotional responses and the interplay of emotions within mediation sessions.

There are several models of EI. Goleman’s model is the most accessible in terms of its relative succinctness and practical application. The five components of EI developed by Goleman are depicted in the table below, which identifies them according to two dimensions and includes Goleman’s definitions.

Table 1: Adapted from Goleman (2004: 3)

Whatever model is ascribed to, emotional intelligence is foremost about feelings. To be emotionally intelligent signals an ability to monitor feelings our own and those of others, and to use this information to respond in appropriate and effective ways.  EI is recognised as a set of learned skills that can be incorporated into educational programs, including mediation training. It’s food for thought !

 See

Goleman, D. 2004. ‘What Makes a Leader?’ Harvard Business Review, January: 1.

Goleman, D. 1998. Working with Emotional Intelligence. New York: Bantam.

Goleman, D. 1995. Emotional Intelligence. New York: Bantam.

Duffy, J. 2010. ‘Empathy, Neutrality and Emotional Intelligence: A Balancing Act for the Emotional Einstein’ 10 (1) Law and Justice Journal  44-61.

2016 is promising to be an important year for presenting about research into ADR as there are a number of upcoming conferences (see previous posts for details).  First there is the upcoming conference at the ACIJ at Monash University’s law premises in the city of Melbourne.  This Conference on the Civil Justice system will address, along with a range of civil issues, the place of ADR in our legal system.  Second, there is the National Mediation Conference in September at the Gold Coast.  This biannual event is always the highlight of research for me as there is a mix of practitioners, industry bodies and researchers.  I have fond memories of meeting with people from industry and later collaborating on projects sprung from conversations held at this Conference.

Later in the year is our own ADR Research Roundtable which will be held in December in Tasmania at UTAS.  It promises to be another exciting venue for cutting edge research.  The Roundtable in Sydney in 2015, held at UNSW, was a big success.

My paper at the conference dealt with conflict in planning.  It was a work in progress paper that I received valuable feedback about.  I will give you a short description of the paper and then outline the feedback to highlight the value of presenting research in ADR.  As you are probably aware planners routinely deal with issues involving conflict. Planners working in development approval roles in particular are regularly engaged in situations involving people who may be upset, angry and at times aggressive. Individuals involved in planning disputes may represent powerful vested interests or hold passionate personal views, heightening emotions for a whole range of reasons.

My joint paper with Professor Robin Goodman reported on recent interviews conducted with 17 planners employed in four differing local governments in Melbourne, Australia. In these semi-structured interviews planners discussed their experience with conflicts, the adequacy of their training in areas of conflict resolution and reflected on their preparation for some of the most challenging aspects of their profession. The results confirmed the need for greater emphasis to be placed on teaching a range of personal and professional behaviours relating to conflict in planning education.

The interesting feedback that we received at the Sydney Roundtable queried whether we had realised that many of the issues relating to planners and conflict were likely caused by poor dispute resolution design.  If the design was more innovative, allowing for better “voicing” of community concerns, it may be that planners would not bear the brunt of objectors and developers anger.  This feedback has led us to a new fork in our research, exploring the development of innovative dispute resolution design in planning conflicts.  We hope to present our new paper at the National Mediation Conference.  This is one example of the value of presenting your research because the peer feedback can give that “aha” moment beloved of researchers!

Consider getting involved in presenting…..it can have some great benefits!

For all those interested in presenting about their research into Mediation!!!!

To all researchers, Academics and Research Higher Degree students in Arts, Humanities, Law, Justice, Judicial Science, Social Science, Psychology (clinical, child psychology, counselling) and other DR related fields.

The National Mediation Conference Queensland Board encourages you to present and share your work with like-minded researchers at the bi-annual National Mediation Conference 2016 which will be held from Monday, 12 – Wednesday, 14 September 2016 at the Gold Coast Convention and Exhibition Centre on the Gold Coast, Queensland. Pre-conference workshops will be held on Sunday 11^th September 2016. See www.mediationconference.com.au

A specific Dispute Resolution Research Forum will be held post-conference on Thursday, 15 September 2016 at Bond University. Attendance to the DR Research Forum is included in the cost of the Conference.

The conference theme is ‘Thought, Innovation and Creativity: The Next Decade’

This is a unique opportunity to exchange ideas, results, evaluations, proposals for future research and to discuss thought, innovation and creativity in DR research area for the next decade!

Abstracts are due 15 March 2016. As in past conferences, presenters at the Research Day will not receive a speaker’s fee and will have to register for the day if they are not attending the whole conference.

Early Career Researchers along with more established researchers are encouraged to participate in presenting on their latest research.

Delegates include academics, policy makers, and practitioners across the DR spectrum, authors, and participants from the private and public sectors, agencies and organisations.

Presentations will be disseminated via the Conference website and become freely available. Additionally each presenter will be encouraged to publish their material in recognised journals such as the Australasian Dispute Resolution Journal (ADRJ), Conflict Resolution Quarterly, Australian Journal of Family Law, Family Law Review and the Arbitrator & Mediator, Resolution Institute Journal, formally the IAMA Australia Journal.

Please forward this invitation to your networks and others who may be interested to attend the Conference and or present at the Research Forum.

Opportunity to explore, time to surprise and impress

One of the original aims of the modern mediation movement was to give parties “voice” in proceedings that related to litigation.  In court parties have very little opportunity to directly speak, although they may give evidence.  In mediation, in the facilitative model and many other models such as the transformative model, there is the opportunity for parties to tell the story of their dispute.  How easily though in court connected mediation can this opportunity be curtailed through the presence of lawyers who may not wish a client to speak.  Lawyers can be all too aware of the possibility that their client may divulge information that may “harm” their argument and could impact on any later litigation.  But this opportunity for voice, a key notion in the idea of procedural justice, is one of the key reasons that mediation can be a very different process than court.  The opportunity to tell a story can impact on settlement and give rein to emotional dialogue that may lead to more satisfaction with the process of mediation.  There are other aspects of procedural justice that are also important to mediation i.e. respectful treatment; evenhanded or “neutral” treatment (acknowledging that neutrality is a contested term); trust and fairness.  All of these aspects of procedural justice have an impact on the process of mediation.  The theory can be used as a framework for improved party satisfaction; mediator practice and as a rationale for the wider use of mediation in our court system.  Procedural Justice needs to be researched in Australia and internationally to highlight its benefits to mediation.

The National Mediation Conference will be held on the Gold Coast from 11-15 September 2016.   They have issued a call for papers on the theme ‘“Thought, Innovation and Creativity: The Next Decade” .  The closing date for proposals is in mid-March.

Here’s a snippet from the conference page elaborating on their theme:

This year our conference theme is: “Thought, Innovation and Creativity: The Next Decade”. We will showcase: what we know and how we know it; think about our thinking; reflect on how we innovate, educate and train practitioners across the wide spectrum from self determination to determinative processes; how we can become more flexible and creatively facilitate processes in response to the diverse needs of our clients to provide a future of best practice in all we do to manage our own and other peoples disputes.