Andrew Miller QC and Rebecca Attree (IPOS) discuss the benefits of avoiding seeking to force the other side to accept the merits of your case and concede their own at mediation.
https://mediate.co.uk/blog/when-opposite-views-clash/
Read MoreBill Lister of Appleyard Lees explains the benefits and advantages of mediation, whether and how it can be ordered (in the UK), and how it can be used strategically.
https://www.appleyardlees.com/mediation-an-alternative-to-litigation/
Read MoreThe staff at Harvard Law School Program on Negotiation discuss a study in the journal Psychological Science showing the relationship between BATNAs and outcomes - a weak BATNA can act as a low anchor, leading to a worse result - and suggesting alternatives.
https://www.pon.harvard.edu/daily/salary-negotiations/when-a-little-power-is-a-dangerous-thing-nb/
Read MoreDavid A Evans of IPOS Mediation explains how boardroom conflicts often arise from delayed communication and unresolved tensions, making early intervention crucial for maintaining a healthy work environment. An effective Chair plays a key role in fostering open debate, addressing conflicts proactively, and ensuring Board members uphold integrity and courage to act in the organization’s best interests.
https://my.newzapp.co.uk/t/view/1537946610/121956528
Read MoreGrace 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 MoreAndrew Hildebrand, IPOS Mediation, gives 8 exceptionally useful tips for preparing for mediation.
https://mediate.co.uk/blog/eight-ways-clients-can-prepare-for-mediation/
Read MoreNick Pearson, CEDR Chambers Mediator and former Partner at Baker McKenzie, looks at some of things you should consider when deciding who should be part of your mediation - video presentation.
https://www.cedr.com/video/detail/who-should-attend-your-mediation/
Read MoreADR Times explains the concept of positional bargaining and contrasts it with principled negotiation.
https://www.adrtimes.com/anchoring-negotiation/
Read MoreADR Times explains the concept of positional bargaining and contrasts it with principled negotiation.
https://www.adrtimes.com/positional-bargaining/
Read MoreNick Holborne looks at how, in a landmark move, the UK High Court has issued what is believed to be the first compulsory ADR order in a commercial case, requiring parties to engage in mediation with enforceable expectations for genuine participation. The order, praised for giving ADR "teeth," signals a shift toward making dispute resolution more cost-effective and reflects the court's existing power under CPR 3.1(m) to mandate such processes.
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 MoreAndrew J. Horowitz, Obermayer Rebmann Maxwell & Hippel, suggests how to raise the possibility of mediation with the other side without suggesting weakness
https://www.hrlegalist.com/2021/12/how-to-pop-the-mediation-question-a-mediators-perspective/
Read MoreJohn Lande, University of Missouri School of Law, provides detailed techniques for addressing familiar problems faced by the mediator, such as when lawyers and parties are not prepared, have unrealistic expectations, and act very emotionally.
https://www.mediate.com/articles/lande-touch-problems.cfm
Read MoreChris Poole, JAMS, explains how to pitch an opening offer in a negotiation - and how not to.
https://www.mediate.com/articles/marshall-opening-offers.cfm
Read MoreAndrew Miller QC and Rebecca Attree, IPOS Mediation, address the question of who should attend the mediation.
Read MoreAndrew Miller QC and Rebecca Attree, IPOS Mediation, address the question of who should attend the mediation.
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 MoreHannah Lamont, Louise Kelso and Hannah Fergusson, Brodies LLP, explain remote / virtual mediation and provide some advice as to how to make it work.
https://brodies.com/insights/insurance-and-risk/virtual-mediation-5-top-tips-for-success/
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