Bean v Bean [2019] NZHC 545

Katz J refusing to uplift costs just because of a refusal to attend pre-trial arbitration. See my August 2022 article in the New Zealand Law Journal for analysis.

Bean v Bean [2019] NZHC 545

Case reports, Refusing to mediateNic ScampionMarch 22, 2019Back to all Resources

What to Expect in a Mediation – CEDR

Article explains what the parties should expect in a (CEDR) mediation, and how best to prepare.

https://mk0cedrxdkly80r1e6.kinstacdn.com/app/uploads/2019/10/What-to-expect-in-a-mediation.pdf

The mediation processNicole MacdonaldJanuary 7, 2019Back 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

Mediation is not a sign of weakness – it makes smart business sense

Article explains the benefits of mediation, why some parties are initially reluctant to mediate, and considers whether parties should be forced to mediate.

https://www.stewartslaw.com/news/mediation-dispute-process-not-weakness-smart-business-sense/

Why mediation works, Refusing to mediateNic ScampionDecember 5, 2018Back 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

‘What goes on behind closed doors…’

Article explains the concepts of confidentiality and without prejudice privilege in the mediation context and exceptions which may allow the courts to look behind them.

https://www.bpe.co.uk/discover-bpe/why-bpe/insights/2018/07/what-goes-on-behind-closed-doors/

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

Stepping over the boundary – Alistair Pye

Article describes the resolution of a boundary dispute and offers lessons.

https://mediate.co.uk/article/stepping-over-the-boundary/

Effective Paperwork in Mediation – Geoff Sharp

Article examines the importance of position papers in mediation (and the effect they have on the mediator / mediation).

http://mediationblog.kluwerarbitration.com/2018/04/02/effective-paperwork-in-mediation/

Position papers, Pre-mediationNicole MacdonaldApril 2, 2018Back to all Resources

Mediate or face cost consequences - is this still the court's approach?

Article considers 2 2017 UK Court of Appeal cases that consider when a court might and might not sanction a party for refusing mediation.

https://sites-dacb.vuturevx.com/110/5304/landing-pages/mediate-or-face-cost-consequences---is-this-still-the-court-s-approach-.asp?sid=blankform

Refusing to mediateNic ScampionMarch 23, 2018Back to all Resources

Can you insist on your day in Court? The dangers of refusing to mediate

Article examines, with reference to recent cases, what parties should have in mind when considering whether to ignore an invitation to mediate.

https://www.clydeco.com/insight/article/can-you-insist-on-your-day-in-court-the-dangers-of-refusing-to-mediate

Refusing to mediateNic ScampionDecember 13, 2017Back to all Resources

Tips from a Mediator about how to prepare for the Mediation of your dispute

Article considers how - and why - parties should carefully prepare for mediation.

https://www.osborneclarke.com/insights/tips-from-a-mediator-about-how-to-prepare-for-the-mediation-of-your-dispute/

Preparing for mediationNic ScampionDecember 7, 2017Back to all Resources

Can you mediate sexual harassment complaints? Should you?

Article considers the potential benefits of mediation in sexual harassment complaints, and when mediation might be appropriate.

https://www.employmentlawworldview.com/can-you-mediate-sexual-harassment-complaints-should-you/

Workplace disputesNic ScampionNovember 13, 2017Back to all Resources

What constitutes an unreasonable failure to mediate?

Article considers, the circumstances when a party might be considered to have unreasonably refused to mediate and the current (2017) position being adopted by the (UK) courts.

https://www.fenwickelliott.com/research-insight/annual-review/2017/unreasonable-failure-to-mediate

Refusing to mediateNic ScampionNovember 13, 2017Back to all Resources

Refusing to engage in ADR

Article considers UK Court of Appeal case that sets out when a court might and might not sanction a party for refusing mediation.

https://www.dentons.com/en/insights/articles/2017/july/18/refusing-to-engage-in-adr

Refusing to mediateNic ScampionJuly 18, 2017Back to all Resources

Mediation: “vindicated” claimant escapes sanction for refusal to mediate

Article considers UK Court of Appeal case that sets out when a court might and might not sanction a party for refusing mediation.

https://www.osborneclarke.com/insights/mediation-vindicated-claimant-escapes-sanction-for-refusal-to-mediate/