Commercial Disputes - new approach needed

By Paul Jamieson

Businesses need to consider seriously using mediation as a technique for resolving commercial disputes since they have the ability to resolve the dispute themselves instead of putting their commercial future into the hands of a judge or arbitrator. Mediation gives all the parties to a dispute a chance to achieve a better outcome overall because the parties themselves are in control.

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Family Mediation - Under the Spotlight

By Deborah Clapshaw and Susan Freeman-Greene

(Published in LawTalk 2002)

The Hon Margaret Wilson has announced that mediation may be used to cope with a surging caseload for the courts caused by the Property (Relationships) Act which came into force on 1 February 2002. This announcement is yet another illustration of the government’s recognition of the value of mediation as a dispute resolution tool. This time in the context of its particular appropriateness for family disputes.

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Mediating distance: Online Tools for Reconciliation?

By Ian MacDuff, Director of the New Zealand Centre for Conflict Resolution

Ian introduces his article by saying 'This comment is as much a speculation as it is a note on aspects of contemporary online dispute resolution (ODR) practice. The speculation is as to the wider potential of ODR, beyond the current areas of attention in the management of disputes which arise in the online environment, whether that is the informal context of chat rooms and e-groups or the commercial environment of cross-border, arm’s-length transactions. The questions I raise here arise from a combination of experience: first, experience in the regular face to face mediation of disputes; second, in the early mediation of online disputes; and third, in the field of conflict management capacity building in internal, intense conflicts.

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The 'Electronic Negotiator'

By Geoff Sharp (2001)

Tomorrow is here - negotiations are happening by e-mail. And that's not all; we are starting to see a variety of disputes being resolved by e-mail without necessarily having any other contact between the parties.

In this article, we first take a look at what it is to be an "electronic negotiator" and what happens to the negotiation dynamic when there are no physical or for vocal cues to guide the process. For that matter, is negotiation by e-mail any different from negotiating by snail mail? 

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Mediation and the rise of relationship contracting

by Greg Rooney, Lecturer, University of Queensland

The last decade has been marked by a radical shift in how the law and lawyers are perceived by the public. The rise of mediation has partly driven this change. It has lead to a re-evaluation of the ways we deal with conflict. The commercial world has taken this on board and has come up with contractual arrangements that push way beyond current legal practice and judicial precedent. In short these arrangements seek to oust the jurisdiction of the courts in relation to conflict, to create agreements that are, in effect, agreements to agree and to emphasise personal relationships over lawyer driven fixed and binding contracts.

These delivery systems have been used successfully in a number of major projects including the new National Museum in Canberra and the turn around of the one billion dollar Pacific Motorway in Queensland. This article will discuss how these systems have developed in parallel with mediation and their implication for lawyers.

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Where Angels Fear to Tread

Written for by Geoff Sharp

The trick matter of how a commercial mediator shows respect for the attorney/client relationship.

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Mediator liability - is it an issue?

By Roger Chapman (1996)

Is the liability of a mediator a matter which should concern us? Is it simply an academic question? Do we need to worry about it at all?

In asking whether mediator's liability is an issue we raise questions which can be posed on more than one level. I do not intend to explore them in detail or to supply very many answers - indeed it is far from clear what some of the answers are - but I do want to make a preliminary reconnaissance of the territory and suggest some matters which we as mediators ought to be considering. If what I say seems provocative, so much the better...

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Get busy, get paid

Professor Randy Lowry guides you through a series of concepts and exercises to better understand the current state of your mediation practice and how to develop a plan for profitably building and expanding your practice.

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Building a mediation practice

Jim Melamud outlines a number of generic matters to consider when building a mediation practice.

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