Adaptive Mediation Journal
News and Info for those considering Mediation or working in the Mediation Space.
Interests and Positions
Mediators (me included) repeatedly talk about how mediation is interest-based and not positional. But what happens in high conflict situations or when participants have unconcious personality...
Neighbours – What can you do to resolve a dispute?
Problems with neighbours? Noise, rubbish, fences & retaining walls, boundaries, animals/pests, overhanging vegetation, access and common property issues, privacy, children, plumbing problems....
Estate Disputes
The death of a loved one is a very difficult time and siblings can often have very different views around provisions in a will for asset division. These disputes can erupt into expensive and...
Useful Links: The National Law Review
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...
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...
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...
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....
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...
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...
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...
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...
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...
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...
Useful Links: Thrive Global
Divorce Mediation This is great summary of the benefits of mediation and clearly defines why the alternative is nonsensical in most circumstances. Click here to read How Divorce Mediation...
Useful Links: Boston Globe
Mediation in Education Mediation is being adopted by many educational institutions (all levels) with great results for students, educators, staff and the organisations themselves. As a biproduct,...
Useful Links: Newcastle Herald
Commercial and Corporate Mediation It will be interesting to see what happens in this matter, especially for our home port in the Illawarra. A COMPLICATED court case involving the federal...
Useful Links: Harvard Law School
Problem Solving with Mediation Mediation is a better way to solve problems, in most contexts. It is cheaper, faster, less stressful, informal, confidential and no decision is imposed - the...
4 Reasons to Consider Mediation
Mediation is: Cheaper Faster Confidental You control the outcome Conflict can arise in and impact many aspects of our lives. But it need not cost a fortune or take months (or years!) to resolve....
Useful Links: Mediator Training Academy
Alternative Dispute Resolution in IORA Countries Good news for the members of this region. Alternative dispute resolution can assist international trade and commerce in many ways. Cross cultural...
Mediation is …
What is mediation? Mediation is a structured dispute resolution process, which aids and supports parties to identify issues, develop options, consider alternatives and outcomes, and make...
Useful Links: The Scotsman
Legal Review: Why court-cutting mediation is gaining popularity. I believe many more people in conflict here in Australia could also use mediation as an initial tool for resolution before or instead of commencing proceedings.