John Lande’s article challenges widespread misunderstandings about BATNA (Best Alternative to a Negotiated Agreement), arguing that it is often oversimplified in ways that mislead negotiators and hinder the pursuit of parties’ deeper interests. It urges attorneys, mediators, and educators to rethink how they teach and apply BATNA by considering uncertainty, bias, and non-economic outcomes.
http://indisputably.org/2025/03/whats-the-matter-with-batna/comment-page-1/
Read MorePhoebe Price of UK law firm Browne Jacobson, looks at how the Court of Appeal's decision in Churchill v Merthyr Tydfil Council allows courts to mandate parties to engage in non-court dispute resolution processes, such as negotiation, mediation, or internal complaints procedures, before taking legal action. This ruling provides local authorities with an opportunity to resolve low-value disputes more efficiently and cost-effectively by using their internal processes to address issues before resorting to litigation.
Read MoreRebecca Attree of IPOS Mediation explains how a "human conscious" organisation fosters awareness of its societal role, prioritising ethics, culture, and stakeholder well-being over hierarchical control. By integrating self-management, wholeness, and evolutionary purpose, such organisations can enhance workplace harmony, resolve conflicts more effectively through mediation, and ultimately drive both human and business success.
https://mediate.co.uk/blog/building-human-conscious-organisations/
Read MorePeter Allchorne and Emma Fuller of DAC Beachcroft, look into the UK case of Churchill v Merthyr Tydfil County Borough Council, where the Court of Appeal ruled that courts can order parties to engage in alternative dispute resolution (ADR) processes, provided it does not impair their right to a judicial hearing and is proportionate. This decision opens the door for the courts to mandate ADR before trial, potentially leading to cost implications and further clarification on what constitutes adequate engagement with the process.
Read MoreCharles Gordon of IPOS Mediation looks at how the UK Court of Appeal in Churchill v Merthyr Tydfil clarified that courts can, in appropriate circumstances, compel parties to engage in alternative dispute resolution (ADR) or stay proceedings, despite earlier judicial commentary suggesting otherwise. While emphasising that such orders must not infringe on the right to a fair trial, the ruling signals a growing judicial endorsement of ADR as a legitimate and potentially compulsory step in dispute resolution.
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 MoreAndrew J. Horowitz, Obermayer Rebmann Maxwell & Hippel, suggests how to raise the possibility of mediation with the other side without suggesting weakness
https://www.hrlegalist.com/2021/12/how-to-pop-the-mediation-question-a-mediators-perspective/
Read MoreTrust, Wills and Probate Mediations are among the most challenging of cases. The intense mix of emotional, legal and financial issues can make achieving sustainable outcomes incredibly difficult.
To help lawyers who mediate in this sector, CEDR has put together a practitioner-led guide that offers practical advice on how to manage and prepare for your mediations.
https://indd.adobe.com/view/1d4785a1-87af-4ee6-b11e-0f34e65652c6
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