Mark Fotohabadi of the ADR Times explores how a well-crafted mediation brief requires careful consideration of the audience, strategic timing, and a clear structure to effectively influence decision-makers. By addressing key factors, incorporating impactful exhibits, and concluding with a strong summary, attorneys can significantly enhance their chances of achieving favorable mediation outcomes.
https://adrtimes.com/mediation-brief/
Read MoreJohn Lande writes that the Real Practice Systems Project's menu of mediation checklists, developed in collaboration with ADR Notable, provides mediators with structured guidance to refine their practice based on real-world complexities rather than oversimplified theories. These checklists help mediators consciously develop personalized systems, adapting to case-specific factors while also serving as a resource for educators, trainees, and researchers.
http://indisputably.org/2023/12/real-practice-systems-project-menu-of-mediation-checklists/
Read MoreWilliam Gilbride looks at how facilitative mediation has proven successful in resolving civil disputes, leading courts to refer cases to mediation earlier in the litigation process, even before discovery. Key strategies for effective mediation include holding joint sessions to encourage direct communication, allowing clients to speak for themselves, and carefully considering "final offer" strategies with the mediator to avoid prematurely ending negotiations.
https://mediate.com/a-successful-mediation/
Read MoreEmily Holland, a contributing Editor at ADR Times, explains how a well-crafted mediation opening statement sets the tone for a productive negotiation by establishing clarity, credibility, and cooperation. Mediators should focus on process guidance and neutrality, while parties should strategically present facts, strengths, and interests to influence the discussion and foster resolution.
https://www.adrtimes.com/mediation-opening-statements/
Read MoreArabella Murphy, director of Propitious (London) Ltd (risk planning, family governance and mediation) explains that preparing for mediation involves recognising the willingness to settle, understanding the private nature of the process, being open to creative solutions, utilising lawyers effectively, and adopting a flexible approach to negotiations to reach a mutually acceptable resolution.
https://spearswms.com/law/how-to-prepare-for-mediation-divorce-angelina-jolie-brad-pitt/
Read MoreCharlie Irvine reflects on the diversity of mediation styles and challenges mediators to articulate their personal "real mediation system." He encourages fellow practitioners to describe their approaches, noting that doing so not only highlights the variety of practices in the field but also helps mediators refine their own methods and gain a clearer understanding of their work.
Read MoreThis article by Harry Spurr of IPOS Mediation, debunks five common myths about mediation, including misconceptions that opening joint sessions are unnecessary, making the first offer is a sign of weakness, and that mediation must be resolved in a single day. The author argues that mediation works best when approached strategically, with patience, openness, and a willingness to adapt the process to the needs of the parties involved.
https://mediate.co.uk/blog/5-myths-of-mediation/
Read MoreJohn Lande, University of Missouri School of Law Center for the Study of Dispute Resolution, provides accounts taken from 10 prominent mediators about how they choose to design their particular mediation processes. (Link from the indisputably.com website.)
http://indisputably.org/2022/11/ten-real-mediation-systems/
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4270524
Read MoreIt covers everything you need to know about mediating in this space, looking specifically at:
Commercial property mediators, Eve Pienaar and Stephen Barker, provide a guide to mediating in the commercial property space, looking at the mediation process, challenges and case studies, who should attend, advice on preparation and negotiation strategy, and settlement considerations.
Read MoreThe staff at Harvard Law School Program on Negotiation discuss a study in the journal Psychological Science showing the relationship between BATNAs and outcomes - a weak BATNA can act as a low anchor, leading to a worse result - and suggesting alternatives.
https://www.pon.harvard.edu/daily/salary-negotiations/when-a-little-power-is-a-dangerous-thing-nb/
Read MoreAndrew Hildebrand, IPOS Mediation, gives 8 exceptionally useful tips for preparing for mediation.
https://mediate.co.uk/blog/eight-ways-clients-can-prepare-for-mediation/
Read MoreNick Pearson, CEDR Chambers Mediator and former Partner at Baker McKenzie, looks at some of things you should consider when deciding who should be part of your mediation - video presentation.
https://www.cedr.com/video/detail/who-should-attend-your-mediation/
Read MoreJohn Lande, University of Missouri School of Law, provides detailed techniques for addressing familiar problems faced by the mediator, such as when lawyers and parties are not prepared, have unrealistic expectations, and act very emotionally.
https://www.mediate.com/articles/lande-touch-problems.cfm
Read MoreAndrew Miller QC and Rebecca Attree, IPOS Mediation, address the question of who should attend the mediation.
Read MoreAndrew Miller QC and Rebecca Attree, IPOS Mediation, address the question of who should attend the mediation.
Read MoreLeigh Wilco, of Miles Mediation & Arbitration, lists 5 things not to do if you are going to succeed at mediation.
https://www.jdsupra.com/legalnews/five-easy-ways-to-fail-at-mediation-6807613/
Read MoreTrust, Wills and Probate Mediations are among the most challenging of cases. The intense mix of emotional, legal and financial issues can make achieving sustainable outcomes incredibly difficult.
To help lawyers who mediate in this sector, CEDR has put together a practitioner-led guide that offers practical advice on how to manage and prepare for your mediations.
https://indd.adobe.com/view/1d4785a1-87af-4ee6-b11e-0f34e65652c6
Read MoreThis 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
Read MoreDr Karl Mackie CBE, of CEDR, identifies the most prominent five reasons why mediations fail and how to avoid them.
Read MoreShuli 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/
Read More