As summer draws to a close I thought I would post a colouring page (you can access clicking the image below).

Drawing and painting has been a source of mindful practice for me since I was a child.  

​I thought I would share a floral design I made in case you felt like you would enjoy a mini-break.

So time to grab paint, pencil or Copic and get colouring. 
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On 7 August 54 countries will meet in Singapore to sign the UNCITRAL Singapore Convention on International Agreements resulting from Mediation. Once three countries have signed the Convention it will be available for ratification.

At the National Mediation Conference in Canberra earlier this year, I suggested that this could be a Big Bang for mediation in the same way that the New York Convention changed the landscape for arbitration.

Many practitioners argue that the credibility given to mediation by the Convention should encourage parties to mediate their commercial disputes.

What are the key points?

• a mediated settlement agreement ("MSA") is presented to the court of a signatory country then the court is required to recognise and enforce the MSA
• the MSA must be the result of a mediation - although the wording is broad and inclusive
• the dispute must be international e.g. each party has their place of business in a different country
• the dispute must be commercial 
• the MSA should be in writing; signed by the parties; mediation confirmation and meet documentary requirements of the Convention.

Arguably this is the biggest thing to happen to commercial mediation since whiteboards were invented. 

For further analysis of the potential impact, please refer to my upcoming article in the Australasian Dispute Resolution Journal on the Singapore Convention based on my NMC paper.

In 2009, the Hong Kong Government launched a pledge scheme whereby companies could pledge to use mediation first in the event of disputes.

There are now over 400 signatories to the pledge. 

In difficult times, having a process which is respectful, inclusive, future focused and constructive can make all the difference.  Without such a process people can feel despair, anger and deep frustration.  We can see the results of a lack of process on the streets of Hong Kong. It is time to choose.

For the next few weeks, I will focus on different aspects of Hope. From my perspective as a mediator:

• Hope can be the bridge between today and tomorrow.
• Hope can be the bridge between what has gone wrong in the past and what could go right in the future.
• ​Hope can be the bridge between an imperfect present and a potential future.

Accepting the need to draw a line in the sand and move forward is a key component of mediation. Arthur Ashe, a great athlete and activist shared these thoughts.
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Arthur Ashe

The last animal of the Chinese zodiac is the Pig. The Pig is regarded as being able to remain calm even when facing trouble.
 
With apologies to Rudyard Kipling:
 
            If you can keep calm when everyone around you
            Is stomping the ground and shouting at you,
            If you can remain focused on interests and know which is true, 
            But understand that others may have interests too;
            If you can listen and not shut down your understanding,
            Or being challenged, not react with rage,
            Or being accused, not give way to accusing,
            And yet not forget to act your age:
 
            Yours is resolution and the end of conflict,
            And – which is more – you’ll be at peace.

And now for my favourite animal in real life and in the Chinese zodiac, the Dog. I have written previously about what dogs can teach us about conflict.  Every day, my dogs teach me more life lessons, many of which involve the importance of access to treats and how to bark at wild boars.
 
In the Chinese zodiac, Dogs are well known for their loyalty.  It is a defining feature.  Loyalty may seem to be an unusual quality to look for in conflict, however, it has a role to play. In family mediation, trust and loyalty are gone. However, they still have a place if there are children. If there are children, then the former partners will continue to be co-parents. 
 
This continuing co-parenting relationship demands connection at a time when many people wish the other person would disappear. As a family mediator in Hong Kong, I have an ethical duty to assist parents to focus on their children’s best interests.  Research would tell us that ongoing conflict has the most negative impact on children. 
 
As parties are dissolving their adult relationship, it is difficult to remember that the other person remains a co-parent and should remain a team-mate. Whilst your former partner may no longer deserve your loyalty as a partner, they may need to receive your loyalty as a co-parent, for the benefit of your children.  I remember listening in a child inclusive mediation as a child consultant brought messages from their children.  The children had specifically requested that their parents could be “a team”. Even though the children understood that their parents were separating, they still wanted to be parented by both of their parents. The children wanted to know that they had a team of adults looking after their needs and caring for them.  Team-mates have loyalty for one another because they have a higher goal that they are seeking to achieve.  Team-mates have loyalty for one another because they are focused on something other than their own feelings. Loyalty can have a place in conflict. 

In the Chinese zodiac the Rooster is known for being confident.
 
In mediation, I often see parties who struggle with their confidence to find their voice. Being confident that you have a right to be heard and that you have the ability to represent yourself is important. One of the criticisms of modern mediation is that the process is based on being able to speak up for yourself. The criticism is that this is not easy or possible for everyone.
 
I can acknowledge the truth of this and think of parties who did struggle to speak confidently.  However, I also think about how each of those people through the mediation process, grew in confidence. 
 
Mediation is a very structured process. The mediator is there to enforce ground rules which require respectful communication. The mediation process itself is based on the idea that each party should have the opportunity to express themselves. This may be the first time that some parties have had this opportunity. In my experience, people do gain in confidence.
 
Confidence is an important strength in mediation.  
 

• Confidence to speak for yourself.  
• Confidence to be able to hear different ideas.
• Confidence to learn new things.

The Monkeys of the Chinese zodiac are known for being fast learners.
 
One of the goals in mediation is for the parties to learn more about how to manage their own conflicts in the future. Mediation is a proven process for resolving conflict. The lessons of mediation include:

• understand the interests which underlie positions
• explore the issues and understand them from the other person’s perspective
• use creativity to generate options
• consider how realistic the options are
• listen, ask questions, acknowledge people

 
It is possible for anyone in conflict to learn any of these lessons and to apply them in their current dispute and beyond. Being a fast learner can help anyone to manage and resolve conflicts more effectively.