Terry v Terry [2023] NZHC 884

Section 145 of the Trusts Act 2019 enables the High Court to order that a dispute (as defined) be submitted to mediation (or other ‘ADR process’), provided the terms of the trust do not indicate a contrary intention and the dispute relates to an 'internal matter' (i.e. a matter to which the parties are trustee / beneficiary, or trustee / trustee).

In Terry v Terry [2023] NZHC 884, 21/4/2023, Palmerston North, Johnston AJ decided that the particular circumstances of that case meant there was no realistic prospect of a settlement, and the dispute was not submitted to mediation. The Associate Judge considered the case of Wright v Pitfield [2022] NZHC 385.

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Nic ScampionBack 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

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Is mediation appropriate?, When to mediateNic ScampionBack to all Resources
Dispute resolution: The role of neutral evaluation in mediation

Sir Paul Morgan, formerly a judge of the UK High Court and now an arbitrator and mediator at Wilberforce Chambers in London, explains why disputes lawyers must be more ready than ever to recommend mediation before or during litigation, how Early Neutral Evaluation (ENE) can assist parties to settle their dispute, and how ENE can be combined with mediation.

https://www.wilberforce.co.uk/dispute-resolution-the-role-of-neutral-evaluation-in-mediation/

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The mediation process, Mediation styles, Early Neutral EvaluationNic ScampionBack to all Resources