with Laurence Boulle

The literature and standards on mediation regard party self-determination as a key value proposition of the system. In many practice contexts, however, this is not a realistic expectation of the mediation process. This is because of time pressure, lack of information, disparities in bargaining power, social and cognitive biases, difficulties in assessing risk and limitations of advice and wise judgment.

The webinar first described the meanings of self-determination.
It then identified four factors that could undermine the principle in practice.
Finally, through a series of case studies and immodest personal anecdotes the webinar considered ways of maintaining and promoting the principle.