Sheldon Stark, mediator and arbitrator based in Ann Arbor, MI, explains how mediation advocacy differs from traditional principles of "zealous advocacy", and suggest an approach to mediation advocacy designed to maximise the opportunity for resolution.
https://www.starkmediator.com/wp-content/uploads/sites/4/2022/12/A-Guide-to-Mediation-Advocacy.pdf
Read MoreCharles Schneider, retired US trial judge, describes the best mediation practices he's observed over the years. He describes the mediation process and the mediation practices he has seen work successfully.
https://www.mediate.com/successful-mediation-practices-from-a-former-judge/
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 MoreJan Frankel Schau, an LA mediator, explains the concept of transformative mediation with examples, and explains how it has a part to play in commercial mediation.
https://www.adrtimes.com/author/janfrankelschau/
Read MoreSteven Mehta, an LA mediator, offers some good advice as to how to succeed at mediation: let the other side pick the mediator; avoid arguing about who’s right; leave the litigators at home; and deal with complex issues last.
https://www.adrtimes.com/improve-the-chances-your-mediation-will-be-a-success/
Read MoreJohn Lande, Isidor Loeb Professor Emeritus at the University of Missouri, School of Law, explains that the concept of the BATNA is complicated; it is a preferred potential course of action, not a specific value, so we should not be too confident about its actual value. He offers some advice about how it might best be used.
https://www.adrtimes.com/confusing-dispute-resolution-jargon/
Read MoreChristopher Kriesen of the Kalon ADR Center explains why, when you have your first opportunity to directly address your opponent’s decision-makers, you should open your case.
https://www.mediate.com/speak-or-not-to-speak/
Read MoreAn article from the ADR Times explains the main types of mediation: transformative mediation, facilitative mediation, and evaluative mediation.
https://www.adrtimes.com/types-of-mediation/
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 MoreCEDR's CEO, James South, explains why CEDR is in favour of mandatory mediation, covering arguments against mandatory mediation and CEDR's response to these and what it considers is needed to make a success of mandatory mediation.
https://www.cedr.com/mandatory-mediation-everything-you-need-to-know/
Read MoreStevens & Bolton, an independent UK law firm, write that the High Court ruled that while an unreasonable refusal to mediate can be a factor in cost awards, it does not automatically result in severe sanctions, as seen in Paul Richards v Speechly Bircham LLP. The decision highlights the court’s broad discretion in cost assessments, reinforcing that parties should engage in mediation to avoid potential financial consequences but that a refusal alone does not guarantee a punitive outcome.
Read MoreSheena Sood and Anna Braden of Beale & Co consider the case of Richards & Anor v Speechly Bircham Llp & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) which, although it highlights the importance the Courts put on the parties engaging in mediation, suggests that a failure to engage in mediation is only one of the factors Courts look at when deciding on costs.
https://beale-law.com/article/failure-to-mediate-what-are-the-consequences/
Read MoreJohn Quinn , Founder and Managing Partner of Quinn Emanuel, writing in Newsweek, explains the typical mediation process (from an American perspective).
https://www.newsweek.com/legal-expert-mediation-dos-donts-1718570
Read MoreGreg Rooney, an experienced Australian mediator, identifies some of the factors behind his success as a mediator; his curiosity, energy, and ability to keep it 'light and simple'.
https://www.mediate.com/the-art-of-the-simple-in-mediation/
Read MorePaul Rajkowski, US mediator and writer, decries the dominance of the private session and explains the benefits of the joint session.
https://www.mediate.com/waiting-a-mediation-distraction/
Read MoreCHARLIE IRVINE of the University of Strathclyde Law School suggests problems with traditional, adversarial opening statements and invites alternatives
https://www.mediate.com/opening-statements-in-mediation-what-world-are-we-making/
Read MoreEmily Holland of ADR Times explains the concept of a ZOPA (and BATNA and WATNA) and their importance in negotiation.
https://www.adrtimes.com/zone-of-possible-agreement-zopa/
Read MoreSection 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 Wright v Pitfield and Wright [2022] NZHC 385, Venning J decided that s 145 (b) was engaged, the Court had jurisdiction to direct the parties to mediation, and the Court should exercise its discretion to submit the dispute to mediation as, with appropriate assistance, the issues between the parties were capable of sensible resolution, and there was no good reason not to make the order. Venning J considered S v N [2021] NZHC 2860.
Read MoreJoanna Gosling, BBC presenter and trainee mediator, offers reflections on her training, noting that mediation's strength is sometimes that it's different from the legal remedies available, and the importance in some situations of not focusing on the detail.
https://s6.newzapp.co.uk/t/view/1541506760/121956528
Read MoreBill Lister of Appleyard Lees explains the mediation process and provides advice as to how to get the best out of a mediation.
https://www.appleyardlees.com/mediation-2-how-do-i-get-the-best-out-of-a-mediation/
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