Mediation Can Be an Especially Effective Tool in Business Divorce Litigation Mediation is a great tool for many types of business disputes, and particularly business divorce. Timing is important - to ensure detailed data (eg. share value) is available, and from a...
Month: February 2020
High Conflict
Conflict is a good thing... WHAT?!?!? It really is, unless our perceptions and reactions get the better of us. Fear is usually at the root of many conflicts - fear of abandonment, loss of some kind, or being dominated. Conflict becomes our automatic protection...
Workplace Conflict and Abrasive Behaviour
Many of us have had issues at work which cause distress and disruption or impact productivity and performance. Abrasive behaviour is generally a state of friction or wearing down. However, it tends to fall short of the legal definition of bullying. When people feel...
Mediation: Gentle on people, firm on interests
Mediation focusses on interests and needs, not 'positions' or legal rights and obligations. Positions tend to clash, but there is almost always an overlap of common 'interests' in a conflict. Each party feels 'right' and it is our job to help them open their mind to...
Assumptions, neutrality and impartiality
Assumptions can be loosely defined as notions of truth without proof. Mediators are required to be impartial, but no person thinks in a completely neutral way. We all make judgements about people and possible outcomes. How do mediators deal with this? Making...
Useful Links: Law Society Journal
While I prefer commercial mediations (as the bulk of experience is in this area), I also do family matters and this area definitely brings the most enquiries to my mediation practice. It was great to read about the Family Court and FMC encouraging parties to think...
Mental Health Matters
Mental health affects many of us from time to time. When we are experiencing conflict, stress can increase the severity of symptoms. It is really important for you to inform your mediator (confidentially is fine) of any mental health issues or disorders suffered....
Is mediation really the alternative?
In human history, reaching consensus has always been the dominant method of resolving disputes. Even today, only around 2% of all litigation matters reach adjudication, and the courts now encourage ADR which is beginning to have a profound impact on public perceptions...
Estate Mediation
Mediation is mandated in deceased estate litigation in the Supreme Court of NSW, but can also be used from the outset to assist distressed families avoid proceedings. From the Australian Mediation Association's Facebook page today: Bob Hawke's daughter's legal claim...
Useful Links: Law Society Journal
From this month's LSJ: As an enormous part of our country's flaura, fauna and surrounding communities continues to burn, the law society has written about the trauma and the incredibly long recovery ahead, including the mental health of lawyers and insurance workers....