ARTICLES

Here’s a selection of posts and articles that I hope will be of interest to you

Eat Toast In Bed – Go to Sleep With Crumbs
Sometimes in mediation, I ever so gently broach the subject of responsibility….

In Defence of (Defensive) Mediators
Ask most mediators of a certain stripe and they will be only too willing to tell you the story of long ago when they left their law firm or maybe even chambers to become a mediator….

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…

Effective Paperwork in Mediation
As mediators, we spend much of our time contrasting mediation with, and distancing ourselves from, litigation. Before your eyes glaze over, that is not for this post. Instead, this post draws out one of the many similarities between mediation and litigation…

 

 

 

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…

Killer Position Papers
On a review of the last 20 or so mediation position papers I have received, a large percentage of them start with the words “This case involves…”