Publications: Mediation

 

Noddy’s Guide to Mediation – Sue O’Brien

Noddy’s Guide to Mediation Introduction These notes are designed to help you and give you confidence if you are asked to become involved in a mediation for the first time, or if you are unsure about any of “the basics”. They relate to commercial mediation. Other types of mediation (not covered here) are workplace, community […]

18th Dec 2019 Mediation Read more

Working with counsel and experts in mediation – Duncan Crine

Working with counsel and experts in mediation by Duncan Crine Do I really need a barrister or an expert at mediation – surely they will just complicate matters and increase costs? You may have heard this sort of remark, even from members of the bar, but things have moved on. There is no obligation to […]

18th Dec 2019 Mediation Read more

Selecting a Mediator – Claire-Elaine Arthurs

Selecting a Mediator Selecting the mediator who is best suited to your particular dispute can be critical in ensuring the success of the mediation. However, with so many mediators to choose from, it can be difficult to know who to propose. There are a number of important points to think about when considering which mediator […]

18th Dec 2019 Mediation Read more

How to prepare for a Mediation – Mandy Lenton

How to prepare for a Mediation The mediation process starts well before the mediation day. Good preparation is key to success. Agree to mediate: One of the hardest parts can be to agree with the other side that mediation should be attempted. If you have offered mediation and received a rejection from your opponent, or […]

18th Dec 2019 Mediation Read more

How to behave in a Joint meeting – Beverley Vara

How to behave in a Joint meeting Beverley Vara  There has been a considerable debate in recent times about the usefulness of a joint meeting, with many advisors feeling that they do not add anything to the parties’ knowledge and delay the meaningful negotiations on the mediation day. If joint sessions are used simply to […]

18th Dec 2019 Mediation Read more

Drafting settlement agreements in Mediation – Keith Conway

Drafting settlement agreements in Mediation Mediation is, as we know, throughout ultimately an entirely consensual process. The parties are free to halt the Mediation at any time during the Mediation or before. That said as part of the preparation for the Mediation and the “big day” it is very wise to consider the structure and features […]

18th Dec 2019 Mediation Read more

Mediation – Costs, Case Law and Consequences – Tom Blackburn

Mediation – Costs, Case Law and Consequences If you have offered mediation and received a rejection from your opponent, or if your client wishes to reject an offer of mediation, there could be significant costs consequences that flow from an unreasonable rejection.   Can my client refuse an offer of mediation? This is the key […]

18th Dec 2019 Mediation Read more