Adaptive Mediation Journal
News and Info for those considering Mediation or working in the Mediation Space.
Useful Links: Lawyer Monthly
Mediation is really useful for businesses experiencing a dissolution of partnership or shareholder agreement. This is especially so when the services provided by the current and future businesses overlap, and an ongoing relationship
Useful Links: Who’s Who Legal
Mediation: A Quicker, Cheaper Dispute Resolution? Worth a read.. In my experience, the legal profession generally doesn't promote mediation as strongly as it could. I believe this is primarily due to a perceived loss of fee
Mediate: End Game
Sometimes, one person involved in a conflict is not willing to ‘play’. Persuading that party to try the process can be the most difficult part of a mediator’s role. The most common concern is usually around whether an agreement reached
About AM: Why I became a Mediator
Why I jumped off the litigation train and became a mediator. It took a long time for me to realise that Mediation was what I really wanted to do. I saw the results parties achieved in mediation over and over again, but I needed to find the courage to jump ship.
Useful Links: Human Resources Director
I think many of us have experienced the discomfort of a toxic workplace at some time, whether being in conflict or on the sidelines. It's difficult to navigate and even harder to escape given we spend so much of our time at work.
Useful Links: Communal News
Workplace Mediation and How It Can Have a Positive Impact on Employee Morale. With all the strains and stresses involved in business and multiple personalities working in often close quarters, I'm sure everyone would find mediation useful
Useful Links: Personal Finance
From South Africa. I'm pleased to say that mediation is already mandated in many of our courts, but this article sets out the reasons why it is such a great option.
Mediation: Did you know?
Mediation = cheaper + faster + less stressful + the parties control the outcome. Most everyday conflicts can be resolved by mediating rather than litigating.
Mediation Styles
There is no one-style-suits-all-disputes in mediation. Not only are there different mediation methods, but there are different ways to conduct them.
Mediation Video Series: Step 9
After Mediation Concludes. Hopefully you've reached agreement, at least in part. We can assist the parties to prepare terms of settlement setting out what you have agreed. This might be all that is needed to finalise the matter.
Mediation Video Series: Step 8
The hardest part is over and it’s time to discuss whether any of the options for resolution you’ve each devised might suit your circumstances. There is no pressure to reach agreement. You might resolve only part of the dispute.
Mediation Video Series: Step 7
Separate Session. This is where you each take a break from the intensity of the process and have a chance to speak to me on your own.I’ll ask how you’re feeling about the mediation and if there are any additional details I should be aware of.
Useful Links: College of Law
How can online dispute resolution help clients and lawyers to better resolve disputes. The cost saving benefits are even more powerful with the availability of online mediation. Disputes across state borders and international time
Mediation Video Series: Step 6
Exploration. This is the longest and most important stage of the mediation. The aim is to share and listen in order to gain a deeper understanding of the issues. It's ok to vent, but you will he reminded about being courteous
Mediation Video Series: Step 5
Agenda. After outlines are given and summarised, we will set an agenda. This flexible checklist forms the framework for the continued negotiations.You will have input about the wording and priority of the agenda items
Mediation Video Series: Step 4
Opening statements from each party. This is your opportunity to present a brief outline of the dispute from your perspective. Detail is not required, time for that will come later. Focus on your views around the cause of the dispute
Mediation Video Series: Step 3
The mediator's opening statement. This is where you are welcomed and commended for your decision. Your mediator will ensure you are attending voluntarily and are comfortable. Some housekeeping matters will be addressed
Mediation Video Series: Step 2
Intake. This step enables me to assess whether your dispute is suitable for mediation. It is usually done by phone with each party, during which you'll be asked some questions about the nature and cause of the conflict
Don’t Litigate … Mediate!
There is an alternative to expensive, stressful, time consuming legal proceedings. Mediation can help save time and money, and you decide how the matter resolves. Remove the stress sooner than later.
Mediation Video Series: Step 1
Ask your opponent if they're prepared to mediate. If necessary, instruct a lawyer to reach out with the suggestion. We can do this for you if you wish. Mediation is a cheaper and quicker path to resolution, and the parties retain control of the decision.
Mediation – Take the steps!
Over the coming weeks, I'll be posting a series of short, informal videos explaining each of the stages in the mediation process.