In this 2009 article, Geoff Sharp considers the (then) increasing trend amongst mediators to do away with a joint session and adopt a shuttle mediation model.
https://www.mediate.com/GeoffSharp/docs/Geoff%20Sharp%20Full%20Paper.pdf
Read MoreArticle explains how to prepare for a mediation (and why it is as important as preparing for a trial).
http://www.mediationtools.com/articles/preparation.html
Read MoreArticle considers ways in which mediators can help mediation gain traction and educate the community (legal, commercial, wider) about mediation.
http://www.mediationtools.com/articles/ART%20ABA%20Mediation%20Getting%20Traction%2007-08.html
Read MoreHarrison J saying he was not satisfied that there was even jurisdiction to take into account an unsuccessful party’s refusal to mediate before trial as a factor justifying an award of increased costs. See my August 2022 article in the New Zealand Law Journal for analysis.
Leaderbrand Produce Ltd v Danfoss (New Zealand) Ltd HC Auckland CIV-2006-404-6531, 19 June 2008
Read MoreArticle suggests a possible method (The Surowiecki Ballot) to break impasse at multi-party mediations.
Read MoreThe Hon Robert Fisher QC explains problems with the adversarial approach to dispute resolution, and suggests modifications to improve the process (such as greater judicial involvement in dispute resolution and encouragement of mediation)
Read MoreArticle advises mediators to consider the needs of the market, or a section of the market, and provide that particular service.
http://www.mediationtools.com/articles/bermanarticle12-2007.html
Read MoreAlbert Bates Jr and L. Tyrone Holt discuss the complexity of mediating large, multi-party, complex construction disputes.
Read MoreArticle examines the early use of mediation to resolve disputes, which disputes are suitable and which unsuitable for mediation.
https://www.mediate.com/articles/young18.cfm
Read MoreArticle discusses the importance of the opening statement in mediation (and why that should be different from trial advocacy).
Read more: http://www.mediationtools.com/articles/advopening.html
Read MoreArticle explains the (important, and much discussed) concepts of BATNA/WATNA, how to analyse them, and why that is important.
https://www.mediate.com/articles/notini1.cfm
Read MoreThe Arbitrators' and Mediators' Institute of New Zealand's guide to mediation. An overview, including how to select a mediator and the mediation process.
https://www.aminz.org.nz/Attachment?Action=Download&Attachment_id=719
Read MoreArticle examines reasons why mediation works.
https://www.mediate.com/articles/huertaL1.cfm
Read MoreThe case that has dominated the debate over compulsion to mediate in the UK since 2004. See my August 2022 article in the New Zealand Law Journal for analysis.
Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576
Read MoreHeath J , although he did not deny the possibility of sanctioning a failure to mediate in costs, held that when a party has largely succeeded in its claims it would be rare to penalise that party in the recovery of costs simply because it did not attend a mediation. See my August 2022 article in the New Zealand Law Journal for analysis.
Glaister v Amalgamated Dairies Ltd (2003) 16 PRNZ 536 (HC)
Read MoreArticle describes the typical mediation process.
https://www.mediate.com/articles/steppJ.cfm
Read MoreRodney Max explains that multi-party mediations have a different nature and unique elements and procedures.
https://www.law.ufl.edu/_pdf/academics/centers/cgr/7th_conference/Multiparty_Mediation.pdf
Read MoreArticle suggests strategies to adopt at mediation, what not to do, and what to do.
https://www.mediate.com/articles/SebokT.cfm
Read MoreArticle suggests important criteria for selecting a mediator.
http://www.mediationtools.com/articles/selecting.html
Read MoreArticle explains that a mediator should adopt both facilitative and evaluative approaches, and that most important asset may be tenacity.
https://www.mediate.com/articles/roberts3.cfm
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