Article examines the different types of workplace mediation.
https://mediate.co.uk/article/dont-let-conflict-ruin-your-professional-life/
Read MoreArticle suggests the distinction between facilitative and evaluative mediation is hard to draw, and suggests that instead parties want guidance and direction.
https://mediate.co.uk/article/facilitative-or-evaluative-the-myth-of-the-distinction/
Read MoreArticle explains what you should expect – and what you are entitled to – from your mediator.
https://www.mediate.com/articles/KichavenBillofRights.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.
Waterco (NZ) Ltd v Simpson [2012] NZHC 2361
Read MoreArticle examines two UK neighbour disputes that should – as the UK Court of Appeal recognised – would have been better resolved in mediation than by the courts.
https://mediate.co.uk/article/neighbours-should-mediate-and-not-litigate/
Read MoreFrench J awarded indemnity costs following "unreasonable conduct" relating to an aborted mediation. French J considered, Braeburn having committed to the mediation, that it was unreasonable for it to pull out at such a late stage. See my August 2022 article in the New Zealand Law Journal for analysis.
Braeburn Dairies Ltd v McGregor & White Electrical Ltd HC Dunedin CIV-2009-412-668, 16 December 2011
Read MoreArticle examines why, in a workplace dispute, an informal approach can assist.
https://mediate.co.uk/article/resolving-workplace-disputes/
Read MoreArticle considers the practice and benefits of telephone mediation, and extols its virtues.
Read MoreArticle continues description of the evolution of different mediation approaches in NZ, and explains why mediator evaluation – i.e. that helps the parties to evaluate the case – has a place.
http://www.robertfisher.co.nz/wp-content/uploads/2013/05/RTT2.pdf
Read MoreArticle describes the evolution of different mediation approaches (e.g. facilitative : evaluative), and explains why mediator evaluation – i.e. that helps the parties to evaluate the case – has a place.
http://www.robertfisher.co.nz/wp-content/uploads/2013/05/RTT1.pdf
Read MoreArticle explains how to prepare for a mediation (and how that is different from preparing for a trial).
https://mediate.co.uk/article/preparation-the-key-to-mediation-success/
Read MoreIn this 2009 article, Geoff Sharp considers the (then) increasing trend amongst mediators to do away with a joint session and adopt a shuttle mediation model.
https://www.mediate.com/GeoffSharp/docs/Geoff%20Sharp%20Full%20Paper.pdf
Read MoreArticle explains how to prepare for a mediation (and why it is as important as preparing for a trial).
http://www.mediationtools.com/articles/preparation.html
Read MoreArticle considers ways in which mediators can help mediation gain traction and educate the community (legal, commercial, wider) about mediation.
http://www.mediationtools.com/articles/ART%20ABA%20Mediation%20Getting%20Traction%2007-08.html
Read MoreHarrison J saying he was not satisfied that there was even jurisdiction to take into account an unsuccessful party’s refusal to mediate before trial as a factor justifying an award of increased costs. See my August 2022 article in the New Zealand Law Journal for analysis.
Leaderbrand Produce Ltd v Danfoss (New Zealand) Ltd HC Auckland CIV-2006-404-6531, 19 June 2008
Read MoreArticle suggests a possible method (The Surowiecki Ballot) to break impasse at multi-party mediations.
Read MoreThe Hon Robert Fisher QC explains problems with the adversarial approach to dispute resolution, and suggests modifications to improve the process (such as greater judicial involvement in dispute resolution and encouragement of mediation)
Read MoreArticle advises mediators to consider the needs of the market, or a section of the market, and provide that particular service.
http://www.mediationtools.com/articles/bermanarticle12-2007.html
Read MoreAlbert Bates Jr and L. Tyrone Holt discuss the complexity of mediating large, multi-party, complex construction disputes.
Read MoreArticle examines the early use of mediation to resolve disputes, which disputes are suitable and which unsuitable for mediation.
https://www.mediate.com/articles/young18.cfm
Read More