Dr Karl Mackie looks at why mediations often fail due to five key factors: inadequate preparation, the wrong negotiation team, clients blind to litigation risks, overconfident advisers, and tactical or strategic misuses of the process. However, even when a settlement isn’t reached on the day, mediation frequently delivers value by clarifying positions, exposing risks, and laying the groundwork for future resolution, making the notion of “failure” often misleading.
Read MoreMark Fotohabadi of the ADR Times explores how a well-crafted mediation brief requires careful consideration of the audience, strategic timing, and a clear structure to effectively influence decision-makers. By addressing key factors, incorporating impactful exhibits, and concluding with a strong summary, attorneys can significantly enhance their chances of achieving favorable mediation outcomes.
https://adrtimes.com/mediation-brief/
Read MoreExpert mediators Bob Berlin and Carolyn L Raines have generously shared their full packet of expert mediation forms for anyone to use! These forms have been crafted over decades of practice to encompass all elements of the mediation process.
https://mediate.com/expert-forms-for-mediators/
Read MoreEmily Holland of ADR Times looks at how workplace conflicts are common and can disrupt team dynamics if left unaddressed, but mediation offers a structured, collaborative approach to resolve issues and strengthen relationships. By identifying the type of conflict and using key techniques—such as setting ground rules, active listening, and encouraging compromise—mediators can help employees find common ground and create a more harmonious work environment.
https://adrtimes.com/how-to-mediate-a-conflict/
Read MoreJohn Lande writes that the Real Practice Systems Project's menu of mediation checklists, developed in collaboration with ADR Notable, provides mediators with structured guidance to refine their practice based on real-world complexities rather than oversimplified theories. These checklists help mediators consciously develop personalized systems, adapting to case-specific factors while also serving as a resource for educators, trainees, and researchers.
http://indisputably.org/2023/12/real-practice-systems-project-menu-of-mediation-checklists/
Read MoreWilliam Gilbride looks at how facilitative mediation has proven successful in resolving civil disputes, leading courts to refer cases to mediation earlier in the litigation process, even before discovery. Key strategies for effective mediation include holding joint sessions to encourage direct communication, allowing clients to speak for themselves, and carefully considering "final offer" strategies with the mediator to avoid prematurely ending negotiations.
https://mediate.com/a-successful-mediation/
Read MoreJohn Lande of Indisputably looks at how courts can significantly improve mediation outcomes—at virtually no cost—by better preparing parties through accessible resources, guidance, and clear rules on court websites. He highlights the systemic nature of courts as dispute resolution hubs and presents a collection of practical tools, rules, and examples to help parties, mediators, and administrators enhance pre-mediation preparation.
Read MoreAn article from Harvard Law School explores how hiring a lawyer trained as a mediator can lead to more objective advice and better decision-making in disputes, as such lawyers are less prone to biases that often impair judgment in adversarial roles. Research shows that mediation training and de-biasing techniques like considering the opposite and perspective taking help lawyers—and their clients—avoid costly settlement errors and reach more collaborative, effective outcomes.
Read MoreThis article by Patricia Thompson summarises eight key strategies for effectively mediating high-profile construction disputes, emphasising the importance of early preparation, involvement of key decision-makers, confidentiality, and staged, ongoing negotiation. It also highlights the value of mediator proposals, expert input, and standing neutrals to manage complex dynamics, technical disagreements, and public sensitivities.
https://mediate.com/eight-tips-for-mediating-high-profile-construction-disputes/
Read MoreBeth Graham of Mediate.com looks at how Jean R. Sternlight and Jennifer K. Robbennolt in their forthcoming article High-Tech Dispute Resolution: Lessons from Psychology for a Post-Covid-19 Era, explore how the pandemic accelerated the use of technology in dispute resolution and how psychological science can guide the effective use of different communication media. They argue that while no single method fits all situations, understanding media characteristics and human behavior can help legal actors make better decisions about when and how to use technology to resolve disputes.
https://mediate.com/high-tech-dispute-resolution/
Read MoreAndrew Hildebrand of IPOS Mediation looks at why mediating disputes between large organisations and individuals or small businesses—likened to getting an elephant and a mouse to dance—requires special skills to bridge vast differences in power, perspective, and priorities. A successful mediator must earn the trust of both parties, understand their unique concerns, and facilitate communication that fosters empathy and resolution despite the imbalance.
https://mediate.co.uk/blog/mediating-disputes-between-smes-and-large-organisations/
Read MoreCharlie Young of Mediate.com looks at how research on the psychological side of mediation has highlighted the impact of confirmation bias, where ingrained perceptions can hinder dialogue and create impasses, requiring mediators to approach the process with empathy, non-judgment, and patience. Mediators can help facilitate breakthroughs by fostering inclusive communication, gently guiding participants through the slow reshaping of perceptions to reach mutual understanding and resolution.
https://mediate.com/confirmation-bias-something-mediators-need-to-appreciate/
Read MoreThis guide is designed to help individuals responsible for addressing employee conflict within an organisation achieve better outcomes for employees and the business. Written by leading practitioners and combining CEDR’s institutional learning and understanding of conflict, this 35 guide covers:
What is Workplace Conflict?
What is Mediation?
The Difference between Workplace and Employment Mediation
What does Workplace Mediation look like?
How to set up your Workplace Mediation
Internal or External Mediator?
Confidentiality
Confidentiality Breaches
‘Without Prejudice’
Managing Outcomes from the Mediation
Resources
https://indd.adobe.com/view/7cfbdbdd-d44c-46d5-a28c-13106f5947e1
Read MoreZoe de Courcy and Phillipa Beck of Pinset Masons, explore how the COVID-19 pandemic has accelerated the adoption and evolution of remote mediation, making it a viable, cost-effective, and environmentally friendly option for resolving disputes, especially in international or simpler financial cases. While challenges remain—such as technical limitations and the lack of in-person dynamics—ongoing innovation and increasing mediator adaptability suggest remote and hybrid formats will continue to play a central role in the future of dispute resolution.
https://www.pinsentmasons.com/out-law/analysis/remote-mediation-post-pandemic
Read MorePart Two of Amy Dunn Taylor’s series explores the importance of establishing a clear timeline and preparation strategy for complex mediations, emphasizing the value of early communication, pre-mediation reports, and education of all parties. It also compares in-person and virtual mediation formats, highlighting the efficiency, accessibility, and increasing acceptance of virtual platforms while noting that potential technical challenges can be resolved with proper planning.
Read MoreRebecca Attree of IPOS Mediation explains how blended mediation, which combines in-person and remote participation, offers a flexible and efficient approach to dispute resolution, reducing travel costs, improving scheduling, and accommodating participants' preferences. While some may have concerns about mediator neutrality in mixed formats, the approach enhances accessibility and adaptability, making it a valuable tool in the post-Covid era.
https://my.newzapp.co.uk/t/view/1485759148/121956528/
Read MoreMarc Isseries, on JAMS ADR Blog, explains the benefits of a multi-stage mediation process.
https://www.jdsupra.com/legalnews/the-growing-appeal-of-a-multi-stage-93154/
Read MoreAn article from CEDR (Nick Pearson) explains that careful consideration should be given as to who attends a mediation on behalf of the client, and lists some of those considerations.
https://www.cedr.com/who-should-attend-your-mediation-5-things-to-consider/
Read MoreArticle suggests half-day mediations can have disadvantages, leaving too little time for the process and risking dissatisfaction.
Read MoreLarry R. Rute considers how to prepare to mediate multi-party disputes and the importance of identifying negotiation teams.
https://www.aminz.org.nz/Attachment?Action=Download&Attachment_id=585
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