Article discusses the importance of the opening statement in mediation (and why that should be different from trial advocacy).
Read more: http://www.mediationtools.com/articles/advopening.html
Read MoreArticle explains the (important, and much discussed) concepts of BATNA/WATNA, how to analyse them, and why that is important.
https://www.mediate.com/articles/notini1.cfm
Read MoreThe Arbitrators' and Mediators' Institute of New Zealand's guide to mediation. An overview, including how to select a mediator and the mediation process.
https://www.aminz.org.nz/Attachment?Action=Download&Attachment_id=719
Read MoreArticle examines reasons why mediation works.
https://www.mediate.com/articles/huertaL1.cfm
Read MoreThe case that has dominated the debate over compulsion to mediate in the UK since 2004. See my August 2022 article in the New Zealand Law Journal for analysis.
Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576
Read MoreHeath J , although he did not deny the possibility of sanctioning a failure to mediate in costs, held that when a party has largely succeeded in its claims it would be rare to penalise that party in the recovery of costs simply because it did not attend a mediation. See my August 2022 article in the New Zealand Law Journal for analysis.
Glaister v Amalgamated Dairies Ltd (2003) 16 PRNZ 536 (HC)
Read MoreArticle describes the typical mediation process.
https://www.mediate.com/articles/steppJ.cfm
Read MoreRodney Max explains that multi-party mediations have a different nature and unique elements and procedures.
https://www.law.ufl.edu/_pdf/academics/centers/cgr/7th_conference/Multiparty_Mediation.pdf
Read MoreArticle suggests strategies to adopt at mediation, what not to do, and what to do.
https://www.mediate.com/articles/SebokT.cfm
Read MoreArticle suggests important criteria for selecting a mediator.
http://www.mediationtools.com/articles/selecting.html
Read MoreArticle explains that a mediator should adopt both facilitative and evaluative approaches, and that most important asset may be tenacity.
https://www.mediate.com/articles/roberts3.cfm
Read MoreArticle explains – not entirely seriously – what a mediator does (and how that helps).
https://www.mediate.com/articles/ahrens1.cfm
Read MoreArticle describes the typical mediation process, how to select a mediator, and why mediation works.
https://www.mediate.com/articles/krikorian.cfm
Read MoreExamples of the High Court's occasional practice of accommodating a mediation window in the trial timetable. See my August 2022 article in the New Zealand Law Journal for analysis.
Braid Motors Ltd v Scott (2001) 15 PRNZ 508 (HC)
Read MoreArticle describes the typical mediation process and lists and evaluates reasons why it works.
https://www.mediate.com/articles/roberts.cfm
Read MoreThe Court of Appeal holding that, in the absence of some particular compelling circumstance demonstrating the general rule was not appropriate, a mere failure to resort to ADR was not sufficient to lead to an award of adverse costs.
See my August 2022 article in the New Zealand Law Journal for analysis.
Beadle v M & L A Moore Ltd [1998] 3 NZLR 271 (CA)
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