Christopher Kriesen of the Kalon ADR Center explains why, when you have your first opportunity to directly address your opponent’s decision-makers, you should open your case.
https://www.mediate.com/speak-or-not-to-speak/
Read MoreNicola Critchley of DWF looks at how the response to the Ministry of Justice’s proposal for automatic mediation in all Small Claims Track cases urges caution, warning that mandatory mediation could lead to unnecessary delays, increased costs, and inefficiencies—particularly where parties are already using effective ADR methods or require judicial decisions. It emphasises that while mediation has value, especially in disputes between unrepresented parties, justice would be better served by strengthening pre-action protocols, supporting voluntary mediation, and investing in judicial resources to reduce existing case backlogs.
Read MoreStevens & Bolton look at how mediation is increasingly endorsed by family lawyers and judges as a preferable alternative to litigation for resolving private law disputes, aiming to ease the burden on the overstretched family courts. With growing court backlogs and enhanced mediation options like shuttle and hybrid mediation, there is hope that more couples will choose these accessible, private solutions to resolve family issues efficiently.
Read MoreAn article from Harvard Law School explores how hiring a lawyer trained as a mediator can lead to more objective advice and better decision-making in disputes, as such lawyers are less prone to biases that often impair judgment in adversarial roles. Research shows that mediation training and de-biasing techniques like considering the opposite and perspective taking help lawyers—and their clients—avoid costly settlement errors and reach more collaborative, effective outcomes.
Read MoreAn article from the ADR Times explains the main types of mediation: transformative mediation, facilitative mediation, and evaluative mediation.
https://www.adrtimes.com/types-of-mediation/
Read MoreIt covers everything you need to know about mediating in this space, looking specifically at:
Commercial property mediators, Eve Pienaar and Stephen Barker, provide a guide to mediating in the commercial property space, looking at the mediation process, challenges and case studies, who should attend, advice on preparation and negotiation strategy, and settlement considerations.
Read MoreCEDR's CEO, James South, explains why CEDR is in favour of mandatory mediation, covering arguments against mandatory mediation and CEDR's response to these and what it considers is needed to make a success of mandatory mediation.
https://www.cedr.com/mandatory-mediation-everything-you-need-to-know/
Read MoreStevens & Bolton, an independent UK law firm, write that the High Court ruled that while an unreasonable refusal to mediate can be a factor in cost awards, it does not automatically result in severe sanctions, as seen in Paul Richards v Speechly Bircham LLP. The decision highlights the court’s broad discretion in cost assessments, reinforcing that parties should engage in mediation to avoid potential financial consequences but that a refusal alone does not guarantee a punitive outcome.
Read MoreSheena Sood and Anna Braden of Beale & Co consider the case of Richards & Anor v Speechly Bircham Llp & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) which, although it highlights the importance the Courts put on the parties engaging in mediation, suggests that a failure to engage in mediation is only one of the factors Courts look at when deciding on costs.
https://beale-law.com/article/failure-to-mediate-what-are-the-consequences/
Read MoreJohn Quinn , Founder and Managing Partner of Quinn Emanuel, writing in Newsweek, explains the typical mediation process (from an American perspective).
https://www.newsweek.com/legal-expert-mediation-dos-donts-1718570
Read MoreGreg Rooney, an experienced Australian mediator, identifies some of the factors behind his success as a mediator; his curiosity, energy, and ability to keep it 'light and simple'.
https://www.mediate.com/the-art-of-the-simple-in-mediation/
Read MorePaul Rajkowski, US mediator and writer, decries the dominance of the private session and explains the benefits of the joint session.
https://www.mediate.com/waiting-a-mediation-distraction/
Read MoreCHARLIE IRVINE of the University of Strathclyde Law School suggests problems with traditional, adversarial opening statements and invites alternatives
https://www.mediate.com/opening-statements-in-mediation-what-world-are-we-making/
Read MoreEmily 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
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