Understanding the Challenge
From 2019 to 2022, the New Zealand International Arbitration Centre (NZIAC) collaborated with Gerard Doolin on an international research initiative exploring the causes of…
Mediation is well suited to resolving family disputes due to their personal nature and emotional context, as well as their complexity and the inability, or even futility, of deciding who is ‘right’…
The Court of Appeal decision in Churchill v Merthyr Tydfil Borough Council [2023] marks a significant development in the area of mediation and other forms of alternative dispute resolution (ADR) in…
Neutrality is often held up as the cornerstone of mediation, a beacon of fairness ensuring balanced outcomes. Yet, this hallowed principle might not be as straightforward or as beneficial as it seems…
In a world where business disputes can drag on for years and generate exorbitant costs, mediation stands out as an efficient path to resolving conflicts more quickly and economically. However, when…
Fisher and Ury’s Getting to Yes (first published in 1981 and never out of print) was followed ten years later by Ury’s Getting Past No. Both made a significant impact on our negotiation…
I. Introduction
Part I of this 2-part series, dealt with the following aspects of the Act: the underlying objective behind enforcement of the Act; the scope of…
Introduction
Mediation is commonly used as a form of appropriate dispute resolution (ADR) for various types of disputes, and this is increasingly so for intellectual property (IP) disputes. As…
In his book ‘Growth - A Reckoning’, Daniel Susskind eloquently sets out what he terms the ‘Growth Dilemma’ – how to balance the promise of economic growth against its price. The promise comes…
I. Background
That India is a litigious country and that the courts have a backlog of a huge number of cases is a well-worn cliché. Against such a backdrop, the stage has been set for a mediation…
