Real Practice Systems Project Menu of Mediation Checklists

John Lande writes that the Real Practice Systems Project's menu of mediation checklists, developed in collaboration with ADR Notable, provides mediators with structured guidance to refine their practice based on real-world complexities rather than oversimplified theories. These checklists help mediators consciously develop personalized systems, adapting to case-specific factors while also serving as a resource for educators, trainees, and researchers.

http://indisputably.org/2023/12/real-practice-systems-project-menu-of-mediation-checklists/

Designing the mediation, Preparing for mediationNic ScampionDecember 4, 2023Back to all Resources

A Successful Mediation

William Gilbride looks at how facilitative mediation has proven successful in resolving civil disputes, leading courts to refer cases to mediation earlier in the litigation process, even before discovery. Key strategies for effective mediation include holding joint sessions to encourage direct communication, allowing clients to speak for themselves, and carefully considering "final offer" strategies with the mediator to avoid prematurely ending negotiations.

https://mediate.com/a-successful-mediation/

Mediating insurance coverage disputes

Charles Gordon of IPOS explains that, mediating insurance coverage disputes can present unique challenges, such as navigating disputes over underlying claims, multiple insurers' involvement, remote/hybrid mediations, and insurance reserves, and offers suggestions as to how to assist in their resolution.

https://mediate.co.uk/article/mediating-insurance-coverage-disputes/

Insurance disputes, The mediation processNic ScampionOctober 24, 2023Back to all Resources

Compulsory Mediation for Small Claims introduced in the UK

DAC Beachcroft looks at how the UK has introduced compulsory mediation for claims up to £10,000, with key features including free mediation, remote one-hour sessions, and sanctions for non-participation. This move aims to ease the pressure on courts, and its timing aligns with the Irish government's focus on using alternative dispute resolution (ADR) to resolve disputes efficiently and cost-effectively, though mediation remains voluntary in Ireland for now.

https://www.dacbeachcroft.com/en/What-we-think/Compulsory-Mediation-for-Small-Claims-introduced-in-the-UK

A Checklist for Mediation Opening Statements

Emily Holland, a contributing Editor at ADR Times, explains how a well-crafted mediation opening statement sets the tone for a productive negotiation by establishing clarity, credibility, and cooperation. Mediators should focus on process guidance and neutrality, while parties should strategically present facts, strengths, and interests to influence the discussion and foster resolution.

https://www.adrtimes.com/mediation-opening-statements/

How to prepare for mediation – Angelina Jolie and Brad Pitt have agreed to turn to mediation to settle a long-running dispute, but what's the route to a successful resolution?

Arabella Murphy, director of Propitious (London) Ltd (risk planning, family governance and mediation) explains that preparing for mediation involves recognising the willingness to settle, understanding the private nature of the process, being open to creative solutions, utilising lawyers effectively, and adopting a flexible approach to negotiations to reach a mutually acceptable resolution.

https://spearswms.com/law/how-to-prepare-for-mediation-divorce-angelina-jolie-brad-pitt/

Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System

Charlie Irvine reflects on the diversity of mediation styles and challenges mediators to articulate their personal "real mediation system." He encourages fellow practitioners to describe their approaches, noting that doing so not only highlights the variety of practices in the field but also helps mediators refine their own methods and gain a clearer understanding of their work.

http://indisputably.org/2023/08/charlie-irvines-challenge-to-mediators-to-describe-your-mediation-system/

How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?

John Lande of Indisputably looks at how courts can significantly improve mediation outcomes—at virtually no cost—by better preparing parties through accessible resources, guidance, and clear rules on court websites. He highlights the systemic nature of courts as dispute resolution hubs and presents a collection of practical tools, rules, and examples to help parties, mediators, and administrators enhance pre-mediation preparation.

http://indisputably.org/2023/07/how-can-courts-practically-for-free-help-parties-prepare-for-mediation-sessions/

Overcoming Clichés in Mediation

Jamil Shaaban, Civil Mediator at Shaaban Mediations, suggests ways to help parties overcome impasses, such as when they refuse to take the lead in making the opening offer, when there's a diminution of trust between the parties, and when they refuse to show their cards.

https://mediate.com/overcoming-cliches-in-mediation-author

Overcoming impasse, NegotiationNic ScampionApril 30, 2023Back to all Resources

5 myths of mediation - misunderstandings, misconceptions and misapprehensions

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/

Preparing for mediation, The mediation processNic ScampionFebruary 20, 2023Back to all Resources

Give mandatory mediation a chance: Insights from the LCAM-HSF survey on compulsory mediation

Herbert Smith Freehills partnered with the London Chamber of Arbitration and Mediation to conduct a survey that reveals broad support among dispute resolution professionals for some form of mandatory mediation in both litigation and arbitration, though opinions vary on its structure, timing, and appropriate case types. While most respondents agree that compulsory mediation can be effective, especially when paired with sanctions for non-compliance, they also emphasise the need for flexible implementation tailored to the nature and complexity of individual disputes.

https://www.herbertsmithfreehills.com/notes/arbitration/2023-01/give-mandatory-mediation-a-chance-insights-from-the-lcam-hsf-survey-on-compulsory-mediation/#page=1

Why mediation works, When to mediateNic ScampionJanuary 30, 2023Back to all Resources

Can Environmental Mediation save the Planet?

Lawrence 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

Environmental disputesNic ScampionJanuary 27, 2023Back to all Resources

MAKING MEDIATION MANDATORY - Tools and solutions to tricky questions

Amelia Nice, of Doughty Street Chambers, considers ways to address resistance to making mediation mandatory (changing the language, providing information, and ensuring public confidence).

https://insights.doughtystreet.co.uk/post/102i5x4/making-mediation-mandatory-tools-and-solutions-to-tricky-questions

Refusing to mediateNic ScampionJanuary 23, 2023Back to all Resources

Barristers at mediations. Help or hindrance?

Alistair 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/

Mediation AdvocacyNic ScampionJanuary 17, 2023Back to all Resources

A Litigator’s Guide to Mediation Advocacy

Sheldon 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

Mediation Advocacy, NegotiationNic ScampionJanuary 5, 2023Back to all Resources

Successful Mediation Practices from a Former Judge

Charles 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/

The mediation processNic ScampionNovember 11, 2022Back to all Resources

Ten Real Mediation Systems

John 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

Preparing for mediationNic ScampionNovember 7, 2022Back to all Resources

Transformative Moments in Commercial Mediation

Jan 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/

Mediation stylesNic ScampionNovember 4, 2022Back to all Resources

Improve the Chances Your Mediation Will Be a Success

Steven 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/

Confusing Dispute Resolution Jargon

John 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/

NegotiationNic ScampionOctober 31, 2022Back to all Resources

Resources & Further Reading

Explore

Contact

location

about