Article explains that a mediator should adopt both facilitative and evaluative approaches.
https://mediate.co.uk/blog/facilitative-evaluative-mediation/
Read MoreArticle considers what makes a commercial mediation succeed.
https://www.mediate.com/articles/dorian-mediation-tips.cfm
Read MoreArticle provides advice to lawyers in how to get the best from mediation.
Read MoreArticle suggests ways mediators can help parties in mediation move beyond the reasons for impasse – such as cognitive biases and flawed risk assessments - and achieve resolution.
http://mediationblog.kluwerarbitration.com/2019/11/06/overcoming-impasse-in-mediation/
Read MoreArticle explains the differences between mediation, arbitration, and litigation.
https://www.mediate.com/articles/costello-ADR-differences.cfm
Read MoreArticle suggests joint sessions are (were) getting less used, regrets that, and explains the benefits of the joint session.
https://www.cedr.com/the-value-of-joint-sessions/
Read MoreArticle explains that impasse often flows from a combination of cognitive biases and flawed risk assessments, giving examples.
http://mediationblog.kluwerarbitration.com/2019/10/06/impasse-in-mediation/
Read MoreSusan Hopcraft of Wright Hassall considers a recent case that indicates that the UK Courts are increasingly prepared to exercise their powers to compel parties to engage in ADR.
Read MorePowell J appeared to be prepared to take a refusal to mediate into account on the question of costs - but would not as he was satisfied that the party that refused to mediate did not behave unreasonably in the circumstances. See my August 2022 article in the New Zealand Law Journal for analysis.
Le Couteur v Norris [2019] NZHC 2075
Read MoreThe case that may have conclusively put to bed the proposition that a court could not compel mediation carried out as part of the case-management process, relying on Halsey. See my August 2022 article in the New Zealand Law Journal for analysis.
Lomax v Lomax [2019] EWCA Civ 1467
Read MoreArticle explains what a mediation statement should contain (and what it should not).
https://www.mediate.com/articles/esshaki-creating-winning-mediation-statement.cfm
Read MoreKatz J refusing to uplift costs just because of a refusal to attend pre-trial arbitration. See my August 2022 article in the New Zealand Law Journal for analysis.
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 examines UK authorities imposing sanctions on parties who refuse to mediate, and when it might be reasonable to refuse to mediate.
Read MoreArticle explains the benefits of mediation, why some parties are initially reluctant to mediate, and considers whether parties should be forced to mediate.
https://www.stewartslaw.com/news/mediation-dispute-process-not-weakness-smart-business-sense/
Read MoreArticle assesses the factors that influence the likelihood of a case being settled through mediation.
https://www.sciencedaily.com/releases/2018/08/180807144947.htm
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 how to assess if a particular case is a good candidate for mediation.
Read MoreArticle describes the resolution of a boundary dispute and offers lessons.
https://mediate.co.uk/article/stepping-over-the-boundary/
Read MoreArticle examines the importance of position papers in mediation (and the effect they have on the mediator / mediation).
http://mediationblog.kluwerarbitration.com/2018/04/02/effective-paperwork-in-mediation/
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