Here’s a selection of posts and articles that I hope will be of interest to you
A New Seat at the Mediation Table?
The Impact of Third-Party Funding on the Mediation Process (1)
The Impact of Third-Party Funding on the Mediation Process (2)
In a two-part article, Geoff looks at the development of third-party funding of mediation and compares notes with UK mediator, Bill Marsh, on how funding impacts the mediation process…
The Californication of Mediation
The rise and rise of the mediator’s proposal and other evaluative interventions by many of our number, along with the relentless demise of the joint session, are all part of a larger lurch to the right for mediation practice…
The Rise of Co Mediation in Mega Mediations
With the rise of the mega case – often funded class actions – a unique challenge for mediation is emerging…
Desert Island Questions for Mediators
My very first article from way back in 2001… when I was a wee lad, I drove others nuts by asking questions. They were, I am told, good open ones usually starting “…. but, why?” As time passed, I grew into a know-it-all teen and forgot about asking questions, more intent on doing the telling. Then I became a mediator…
The Politics Of Being Pollyanna
Every mediator has been called a Pollyanna at some time or other, usually when encouraging those in conflict that resolution is just around the corner – and often in that darkest hour just before the dawn, when the spectre of impasse stalks their every move.
Some mediators choose to take it as a compliment, others see it as a criticism… still others see it as a fundamental attribute.
Configuring Your Online Mediation
No longer are all mediation participants neatly on individual devices locked down in their home offices – instead the parties, the mediator, legal advisers, experts and the myriad of others attending mediation are all mixed up – some remain at home on individual devices as some countries go in and out of lockdown, some gather in law firms as large groups in conference rooms in countries starting to return to the office, still others attend in person in countries living with Covid, maybe masked, distanced and may be sanitised.
Nepalese team makes the first successful winter ascent of K2 – and why it brings mediation to mind
One of the last great challenges remaining, one that has repelled the world’s strongest climbers for the last three decades, K2 remained the only 8000m peak not climbed in winter. Momentus because K2 is the climbers’ mountain (‘the Savage Mountain’) – much more so than Everest.
This is a tribute to the brave men and women who have climbed K2, second only to Everest in the pantheon of mountains – and I try to put into words how I draw on my long-forgotten climbing days when it comes to the way I practice mediation.
Old Man (a mediation parable)
From the documents I had been given beforehand, I knew he had substantial assets so I was surprised at his appearance when we met at the start of the day. He was an old man – I guessed well into his 70’s, gaunt and gnarled…
Dispute Resolution Clauses in Commercial Contracts : The Case for Later Settlement
I don’t mean to argue against the undeniable wisdom of inserting a dispute resolution clause in a commercial contract at the drafting stage. Conventional wisdom says settle your disputes as early as possible…
Mediation 101 – Three Essential Concepts
This week I spoke to a group of young legal practitioners here in New Zealand. I aimed low and went back to source. I suspect I got more of a kick out of it than anyone at the session.
Bracketing the “Zone”: Getting to the range in which bargaining succeeds
… the term “bracketing” has emerged to summarize the mediation process of negotiating the high and low of the bargaining zone.
Effective Paperwork in Mediation
I very much encourage lawyers to adopt a mediation orientation when writing position papers rather than simply produce something akin to an opening submission at trial starting with “This case involves…” and ending with an overly confident expression of success qualified with a commitment to discuss the dispute in good faith. Often counsel over-cook the argument and under-cook the settlement discussion – a gulf exists between the two.
Darwinian Forces at Work in Online Mediation
Mediation has been online long enough now for Darwinian forces to be shaping both online mediation advocates and online mediators. In both disciplines, the pre-covid genus is adapting to the changing environment, and new species are emerging from the Covid soup.