Part of a series of articles considering all aspects of mediation in the workplace. 3. In this article, Caroline Sheridan, a senior CEDR mediator considers the mediation agreement.
https://www.employmentlawworldview.com/employment-mediations-an-insiders-guide-part-3-2/
Read MorePart of a series of articles considering all aspects of mediation in the workplace. 2. In this article, Caroline Sheridan, a senior CEDR mediator considers the initial contact in a mediation.
https://www.employmentlawworldview.com/employment-mediations-an-insiders-guide-part-2-2/
Read MorePart 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.
Read MoreDavid Ezra, of Berger Kahn (California), explains how to write a 'winning' position paper ('brief').
https://www.mediate.com/articles/EzraD1.cfm
Read MoreHeath J considered made an order for increased costs. A failure to genuinely commit to the mediation process was one of the factors that contributed to the finding. See my August 2022 article in the New Zealand Law Journal for analysis.
Milnes v Glenara Holdings Ltd [2013] NZHC 2057
Read MoreArticle considers how to help with and address emotional flooding in mediation.
https://hbr.org/2013/05/how-to-listen-when-someone-is
Read MoreArticle asks whether parties want a mediator to just facilitate negotiation, or help them by evaluating the case, or something in between (and what that might be).
http://mediationblog.kluwerarbitration.com/2013/05/01/dont-just-sit-there-do-something/
Read MoreArticle explains why mediation is often the most effective method for resolving copyright and other Intellectual Property disputes.
Read MoreAn article from Nexsen Pruet offers perspectives and observations from different angles to assist mediators and participants in preparing for “high-emotion” mediations.
Read MoreArticle examines the different types of workplace mediation.
https://mediate.co.uk/article/dont-let-conflict-ruin-your-professional-life/
Read MoreArticle suggests the distinction between facilitative and evaluative mediation is hard to draw, and suggests that instead parties want guidance and direction.
https://mediate.co.uk/article/facilitative-or-evaluative-the-myth-of-the-distinction/
Read MoreArticle explains what you should expect – and what you are entitled to – from your mediator.
https://www.mediate.com/articles/KichavenBillofRights.cfm
Read MoreExamples of the High Court's occasional practice of accommodating a mediation window in the trial timetable. See my August 2022 article in the New Zealand Law Journal for analysis.
Waterco (NZ) Ltd v Simpson [2012] NZHC 2361
Read MoreArticle examines two UK neighbour disputes that should – as the UK Court of Appeal recognised – would have been better resolved in mediation than by the courts.
https://mediate.co.uk/article/neighbours-should-mediate-and-not-litigate/
Read MoreFrench J awarded indemnity costs following "unreasonable conduct" relating to an aborted mediation. French J considered, Braeburn having committed to the mediation, that it was unreasonable for it to pull out at such a late stage. See my August 2022 article in the New Zealand Law Journal for analysis.
Braeburn Dairies Ltd v McGregor & White Electrical Ltd HC Dunedin CIV-2009-412-668, 16 December 2011
Read MoreArticle examines why, in a workplace dispute, an informal approach can assist.
https://mediate.co.uk/article/resolving-workplace-disputes/
Read MoreArticle considers the practice and benefits of telephone mediation, and extols its virtues.
Read MoreArticle continues description of the evolution of different mediation approaches in NZ, and explains why mediator evaluation – i.e. that helps the parties to evaluate the case – has a place.
http://www.robertfisher.co.nz/wp-content/uploads/2013/05/RTT2.pdf
Read MoreArticle describes the evolution of different mediation approaches (e.g. facilitative : evaluative), and explains why mediator evaluation – i.e. that helps the parties to evaluate the case – has a place.
http://www.robertfisher.co.nz/wp-content/uploads/2013/05/RTT1.pdf
Read MoreArticle explains how to prepare for a mediation (and how that is different from preparing for a trial).
https://mediate.co.uk/article/preparation-the-key-to-mediation-success/
Read More