Article considers 2 2017 UK Court of Appeal cases that consider when a court might and might not sanction a party for refusing mediation.
Read MoreArticle examines, with reference to recent cases, what parties should have in mind when considering whether to ignore an invitation to mediate.
Read MoreArticle considers how - and why - parties should carefully prepare for mediation.
Read MoreArticle considers the potential benefits of mediation in sexual harassment complaints, and when mediation might be appropriate.
https://www.employmentlawworldview.com/can-you-mediate-sexual-harassment-complaints-should-you/
Read MoreArticle considers, the circumstances when a party might be considered to have unreasonably refused to mediate and the current (2017) position being adopted by the (UK) courts.
https://www.fenwickelliott.com/research-insight/annual-review/2017/unreasonable-failure-to-mediate
Read MoreArticle considers UK Court of Appeal case that sets out when a court might and might not sanction a party for refusing mediation.
https://www.dentons.com/en/insights/articles/2017/july/18/refusing-to-engage-in-adr
Read MoreArticle considers UK Court of Appeal case that sets out when a court might and might not sanction a party for refusing mediation.
Read MoreArticle considers, with reference to a 2017 UK case, when ostensibly without prejudice disclosures in mediation may not remain confidential.
Read MoreResolution Institute/Victoria University of Wellington: Users of Commercial Mediation in New Zealand Insurance Industry Report
https://www.resolution.institute/documents/item/2442
Read MoreArticle reviews the state of the commercial mediation market in New Zealand in 2016.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2923901
Read MoreArticle considers what options an employer has if an employee refuses to participate in a workplace mediation.
Read MoreArticle provides five key tips on effectively negotiating commercial disputes.
https://www.mccullough.com.au/2016/11/02/talking-talk-top-tips-maximise-commercial-negotiations/
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 MoreArticle reports on recent (2016, UK) cases that indicate that an offer to mediate should not be declined without "good reason".
https://www.hfw.com/Shipping-Bulletin-June-2016
Read MoreArticle explains the importance of preparing draft settlement agreement before mediation.
https://mediate.co.uk/article/pre-thinking-the-settlement-agreement/
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
Read MoreArticle considers recent (2015/6, UK) cases that indicate that litigants who wish to have their day in court, and refuse mediation, may have to pay for it.
http://www.hfw.com/downloads/HFW-International-Arbitration-Quarterly-February-2016.pdf
Read MoreArticle explains the importance, in a complex case, of engaging the mediator to help design the process.
https://mediate.co.uk/article/complex-case-then-use-the-mediator-to-assist-in-the-process-design/
Read MoreMatthew Rushton (JAMS International) writes that resistance to joint mediation sessions is increasing in both the U.S. and Europe, with significant regional variations—particularly between the East and West Coasts of the U.S.—as lawyers and clients increasingly view them as unnecessary or counterproductive. While this trend challenges traditional mediation dynamics by shifting more responsibility to mediators, the evolution of the process reflects differing cultural attitudes toward negotiation rather than a fundamental decline in its effectiveness.
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