This article by Harry Spurr of IPOS Mediation, debunks five common myths about mediation, including misconceptions that opening joint sessions are unnecessary, making the first offer is a sign of weakness, and that mediation must be resolved in a single day. The author argues that mediation works best when approached strategically, with patience, openness, and a willingness to adapt the process to the needs of the parties involved.
https://mediate.co.uk/blog/5-myths-of-mediation/
Read MoreLawrence Kershen KC, Doughty Street Chambers, London, suggests that mediation principles offer a way to reconcile and resolve the conflicting needs for energy and a sustainable approach in harmony with the natural world.
https://insights.doughtystreet.co.uk/post/102i692/can-environmental-mediation-save-the-planet
Read MoreAmelia Nice, of Doughty Street Chambers, considers ways to address resistance to making mediation mandatory (changing the language, providing information, and ensuring public confidence).
Read MoreAlistair Pye, of IPOS Mediation, gives good advice to lawyers about how to represent their clients at mediations - and about what to avoid.
https://mediate.co.uk/article/communication-collaboration-co-operation/
Read MoreSheldon Stark, mediator and arbitrator based in Ann Arbor, MI, explains how mediation advocacy differs from traditional principles of "zealous advocacy", and suggest an approach to mediation advocacy designed to maximise the opportunity for resolution.
https://www.starkmediator.com/wp-content/uploads/sites/4/2022/12/A-Guide-to-Mediation-Advocacy.pdf
Read MoreCharles Schneider, retired US trial judge, describes the best mediation practices he's observed over the years. He describes the mediation process and the mediation practices he has seen work successfully.
https://www.mediate.com/successful-mediation-practices-from-a-former-judge/
Read MoreJohn Lande, University of Missouri School of Law Center for the Study of Dispute Resolution, provides accounts taken from 10 prominent mediators about how they choose to design their particular mediation processes. (Link from the indisputably.com website.)
http://indisputably.org/2022/11/ten-real-mediation-systems/
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4270524
Read MoreJan Frankel Schau, an LA mediator, explains the concept of transformative mediation with examples, and explains how it has a part to play in commercial mediation.
https://www.adrtimes.com/author/janfrankelschau/
Read MoreSteven Mehta, an LA mediator, offers some good advice as to how to succeed at mediation: let the other side pick the mediator; avoid arguing about who’s right; leave the litigators at home; and deal with complex issues last.
https://www.adrtimes.com/improve-the-chances-your-mediation-will-be-a-success/
Read MoreJohn Lande, Isidor Loeb Professor Emeritus at the University of Missouri, School of Law, explains that the concept of the BATNA is complicated; it is a preferred potential course of action, not a specific value, so we should not be too confident about its actual value. He offers some advice about how it might best be used.
https://www.adrtimes.com/confusing-dispute-resolution-jargon/
Read MoreChristopher 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 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/
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