'Money-only' Cases

  There are usually numerous issues to be resolved in mediated commercial disputes, for example: whether a relationship should be continued or terminated and, on what basis; the terms upon which any…

  I’ve mentioned the use of Decision Trees by mediators previously on this blog. Here and here and here and here. So why do I keep banging on about them? Well, first, because I believe they are such…

  [Picture credit: creative commons]  Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a…

In the first of a two-part article, NZ/UK mediator Geoff Sharp looks at the development of third-party funding of litigation, arbitration and mediation in part 1 and later in part 2 Geoff and Bill…

An article by Donalee Moulton in the January 24th issue of The Lawyers Weekly entitled, “Opening offers can make or break a deal” caught my attention and caused me to reflect on my own experience…

Should the conduct of a party in mediation be taken into account in setting cost consequences once the dispute has been adjudicated? An insurer has been “spanked” to the tune of $60,000 by an Ontario…

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. So, mediators,…

Not so long ago I was a claiming party as part of a group of plaintiffs in the stead of my elderly parents in a multiparty, multimillion dollar mediation. Now, I mediate around 120 mediations every…

"They also serve, who only exchange offers." A recent mediation experience serves to reinforce the value of patience in mediation - for the parties and for the mediator. The tort mediation, involving…