Client Guide: Making the most of Mediation

Mediation is a form of Negotiated Dispute Resolution (ADR), which involves a process of structured ‘without prejudice’ negotiation facilitated by an impartial third party known as a ‘mediator’. The aim is to produce a settlement of the dispute that is acceptable to both parties, and the process enables them to retain control over whether or not they wish to settle, and on what terms. Click here for the link to download the guide created by Nicola Gare of HFW:

https://www.hfw.com/insights/client-guide-making-the-most-of-mediation/

Mediating Commercial Disputes: Understanding the Process to Maximize the Benefits

Mia Levi of the International Institute for Conflict Prevention and Resolution ("CPR") offers suggestions as to how parties can assess whether they should mediate, referring to the CPR's ADR Suitability Guide, and when they should mediate

https://www.mediate.com/articles/levi-commercial-disputes.cfm#bio

When to mediate, Is mediation appropriate?Nic ScampionApril 21, 2022Back to all Resources

Boardroom conflicts – the importance of communication

David A Evans of IPOS Mediation explains how boardroom conflicts often arise from delayed communication and unresolved tensions, making early intervention crucial for maintaining a healthy work environment. An effective Chair plays a key role in fostering open debate, addressing conflicts proactively, and ensuring Board members uphold integrity and courage to act in the organization’s best interests.

https://my.newzapp.co.uk/t/view/1537946610/121956528

CEDR's Complete Guide to Workplace Mediation

This guide is designed to help individuals responsible for addressing employee conflict within an organisation achieve better outcomes for employees and the business. Written by leading practitioners and combining CEDR’s institutional learning and understanding of conflict, this 35 guide covers:

What is Workplace Conflict?
What is Mediation?
The Difference between Workplace and Employment Mediation
What does Workplace Mediation look like?
How to set up your Workplace Mediation
Internal or External Mediator?
Confidentiality
Confidentiality Breaches
‘Without Prejudice’
Managing Outcomes from the Mediation
Resources

https://indd.adobe.com/view/7cfbdbdd-d44c-46d5-a28c-13106f5947e1

Employment Litigation: 3 Instances Where A Company Should Explore Mediation

Rachel Gupta of Gupta Dispute Resolutions LLC, a mediator based in New York, explores when a company facing an employment claim might consider mediation.

https://www.mediate.com/articles/gupta-employment.cfm

Is mediation appropriate?, Workplace disputesNic ScampionSeptember 21, 2020Back to all Resources

Practice Pointers for a Successful Mediation

Shuli Green (Miles Mediation) discusses the benefits of mediation over litigation, when to mediate, how to choose a mediator, and how to prepare for mediation.

https://www.milesmediation.com/blog/practice-pointers-for-a-successful-mediation/

How to persuade your client to mediate

Jane Gunn (IPOS) outlines benefits of mediation and suggests that early mediation can prevent a conflict escalating and damaging both parties.

https://mediate.co.uk/blog/how-to-persuade-your-client-to-mediate/

Growing mediation, Is mediation appropriate?Nic ScampionAugust 26, 2020Back to all Resources

When is it reasonable to refuse mediation? – CEDR

Article examines UK authorities imposing sanctions on parties who refuse to mediate, and when it might be reasonable to refuse to mediate.

https://mk0cedrxdkly80r1e6.kinstacdn.com/app/uploads/2019/10/When-is-it-reasonable-to-refuse-mediation.pdf

Is mediation appropriate?Nicole MacdonaldJanuary 7, 2019Back to all Resources

Early mediation leads to better outcomes

Article assesses the factors that influence the likelihood of a case being settled through mediation.

https://www.sciencedaily.com/releases/2018/08/180807144947.htm

To Mediate or Not? A Fresh Perspective Look Beyond the Law

Article considers how to assess if a particular case is a good candidate for mediation.

https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=10&Issue=13&ArticleID=26450

Is mediation appropriate?Nic ScampionJuly 11, 2018Back to all Resources

Mediation in the workplace – the insider’s guide (part 1/10)

Part of a series of articles considering all aspects of mediation in the workplace. 1. In this article, Caroline Sheridan, a senior CEDR mediator considers why you should mediate this kind of dispute and the basic 'rules' of mediation.

https://www.employmentlawworldview.com/aint-no-cure-for-the-summertime-blues-consider-mediation-in-your-employment-disputes/