Grace Chilekwa, Associate Partner, AB & David, Lusaka, Zambia shares what she learnt about the mediation process following a mediation with Rebecca Clark (CEDR, London).
https://mediate.co.uk/blog/what-one-lawyer-learnt-from-observing-a-mediation/
Read MoreSir 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/
Read MoreRebecca Clark of IPOS Mediation looks at how traditional position papers in mediation may inadvertently entrench parties in their views due to the illusory truth effect and a psychological need for consistency, making compromise harder. While not obsolete, position papers should be used thoughtfully—with clear intent, audience awareness, and supplemented by alternative tools that promote realistic expectations and readiness to settle.
https://mediate.co.uk/blog/is-it-the-end-for-the-position-paper/
Read MoreAndre Oosthuizen, Cape Town based lawyer and mediator, discusses the value and art of asking questions in mediation.
https://www.mediate.com/articles/oosthuizen-questions-enlightenment.cfm
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 an article that examines the public’s lack of understanding of alternative dispute resolution (ADR) processes like mediation and arbitration, revealing key misconceptions that could have ethical and legal consequences. The authors recommend increased public education and clearer communication from legal professionals to ensure informed decision-making.
https://mediate.com/adr-is-not-a-household-term/
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 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
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 MoreJames Pooley of IP Watchdog looks at how trade secret disputes are often emotionally charged and rooted in broken relationships, making mediation an ideal tool to help parties identify the real issues and reach resolution before costly, protracted litigation unfolds. By engaging a skilled, evaluative mediator early, parties can address underlying emotional dynamics and business interests, ultimately reducing damage, preserving relationships, and achieving more satisfying outcomes.
https://ipwatchdog.com/2021/03/29/mediation-can-help-sides-win-trade-secret-case/id=131590/
Read MoreIn part one of the five-part series on effective mediation techniques for complex cases, Amy Dunn Taylor focuses on the critical logistics that influence mediation success, especially timing and mediator selection. She emphasises the importance of mediating when parties are well-informed but not yet exhausted by litigation, and choosing a mediator with trial experience, subject matter knowledge, and strong interpersonal skills to guide productive dialogue.
https://www.krcl.com/insights/effective-mediation-techniques-for-complex-cases-part-one
Read MoreTo maximise the chances of success in mediation, attorneys and clients should carefully select a mediator suited to the specific dynamics of the dispute, approach mediation collaboratively rather than adversarially, and maintain open, candid communication with the mediator. Success in mediation should be viewed not only as a settlement, but also as a valuable step toward understanding the dispute and creating the conditions for resolution, even if agreement is not immediately reached. By Rachel Gupta
https://mediate.com/five-principles-to-maximize-chances-of-success-in-mediation/
Read MoreArticle explains the differences between mediation, arbitration, and litigation.
https://www.mediate.com/articles/costello-ADR-differences.cfm
Read MoreArticle 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
Read MoreArticle 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/
Read MoreArticle considers, with reference to psychological drivers, how a mediator can promote the chances of success at mediation.
http://sydneybarrister.net.au/10-tips-how-to-obtain-optimal-outcomes-at-mediation/
Read MoreLawrence M. Watson Jr examines procedures mediators and trial counsel might use in organising and formatting the mediation of complex, multi-issue, multi-party lawsuits.
Read MoreArticle discusses the legal framework for the enforcement of mediated settlement agreements and recommendations to help prevent litigation over the mediation result.
Read MoreArticle suggests joint sessions are (were) getting less used, regrets that, and explains the benefits of the joint session.
https://mediate.co.uk/article/dont-torch-the-joint-session/
Read MorePart of a series of articles considering all aspects of mediation in the workplace. 10. In this article, Caroline Sheridan, a senior CEDR mediator considers the settlement or ending phase of a mediation.
https://www.employmentlawworldview.com/employment-mediations-an-insiders-guide-part-10-2/
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