Emily Holland of ADR Times explains the concept of a ZOPA (and BATNA and WATNA) and their importance in negotiation.
https://www.adrtimes.com/zone-of-possible-agreement-zopa/
Read MoreSection 145 of the Trusts Act 2019 enables the High Court to order that a dispute (as defined) be submitted to mediation (or other ‘ADR process’), provided the terms of the trust do not indicate a contrary intention and the dispute relates to an 'internal matter' (i.e. a matter to which the parties are trustee / beneficiary, or trustee / trustee).
In Wright v Pitfield and Wright [2022] NZHC 385, Venning J decided that s 145 (b) was engaged, the Court had jurisdiction to direct the parties to mediation, and the Court should exercise its discretion to submit the dispute to mediation as, with appropriate assistance, the issues between the parties were capable of sensible resolution, and there was no good reason not to make the order. Venning J considered S v N [2021] NZHC 2860.
Read MoreJoanna Gosling, BBC presenter and trainee mediator, offers reflections on her training, noting that mediation's strength is sometimes that it's different from the legal remedies available, and the importance in some situations of not focusing on the detail.
https://s6.newzapp.co.uk/t/view/1541506760/121956528
Read MoreBill Lister of Appleyard Lees explains the mediation process and provides advice as to how to get the best out of a mediation.
https://www.appleyardlees.com/mediation-2-how-do-i-get-the-best-out-of-a-mediation/
Read MoreSection 145 of the Trusts Act 2019 enables the High Court to order that a dispute (as defined) be submitted to mediation (or other ‘ADR process’), provided the terms of the trust do not indicate a contrary intention and the dispute relates to an 'internal matter' (i.e. a matter to which the parties are trustee / beneficiary, or trustee / trustee).
In Terry v Terry [2023] NZHC 884, 21/4/2023, Palmerston North, Johnston AJ decided that the particular circumstances of that case meant there was no realistic prospect of a settlement, and the dispute was not submitted to mediation. The Associate Judge considered the case of Wright v Pitfield [2022] NZHC 385.
Read MoreMia Levi of the International Institute for Conflict Prevention and Resolution ("CPR") offers suggestions as to how parties can assess whether they should mediate, referring to the CPR's ADR Suitability Guide, and when they should mediate
https://www.mediate.com/articles/levi-commercial-disputes.cfm#bio
Read MoreAndrew 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 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 More