This week I spoke to a group of young legal practitioners here in New Zealand. I aimed low and went back to source. I suspect I got more of a kick out of it than anyone at the session.

So, mediators, look away. There is nothing new here.

But users, occasional or repeat, I hope these three essential elements peek an interest in the rich vein of mediation theory that pulses through every mediation – high stakes mega technology case or barking dog dispute.

1. Let’s start at the beginning with the Five Sources Of ALL Conflict*

• Data conflict caused by misinformation/lack of information, poor communication
• Interest conflict caused by perceived or actual competition over substantive content (land, money etc)
• Structural conflict caused by unequal control/ownership
• Value conflict caused by different criteria for evaluating ideas etc, different ways of life
• Relationship conflicts caused by strong emotions, stereotypes, poor communication

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Tags: Essential Concepts, legal practitioners