Articles

Co-mediation

By Paul Hutcheson

One mediator or two? Some of the pros and cons are looked at here by Paul Hutcheson who recognises it has not taken off here.  

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Negotiating in mediation

By Paul Hutcheson LLB Ma Dispute Resolution (Senior Mediator, ERS)

This is an edited version of an article published in July 2000 edition of Butterworths Employment Law Bulletin and written in anticipation of what was to become the Employment Relations Act 2000.

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Transformative mediation

By Carole Durbin and Peter Doogue

Highlights on the transformative style of mediation presented by Professor Joe Folger and Dorothy Della Noce at an Auckland workshop. For more detail we recommend the book The Promise of Mediation by Barach Bush and Folger.

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Techniques in mediation

By David Hurley

Leading textbooks identify a multitude of techniques used by mediators. This paper draws from research articles and a variety of disciplines in an attempt to explore some of these strategies.

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Mediator insights

By Deborah Clapshaw

The author comments on the ABA Section of Dispute Resolution Conference on “The Golden State of ADR” – not rocket science but a reinjection.

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Should NZ pass mediation legislation?

By Karl Adam

An Auckland University law student examines whether the current state of mediation practice in New Zealand requires legislative intervention, and if so, what form it should take.

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The flexibility of alternative dispute resolution

An address by John Marshall, prepared for the Visiting Practitioner series organised by the New Zealand Centre for Conflict Resolution at Victoria University of Wellington

Using practical examples from his own experience, the author discusses the different alternative dispute resolution processes and 'getting the right process for the particular problem'. He also looks at pending legislation.

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The future of mediation

By Geoff Sharp

The author says that his overriding thought for the future of alternative dispute resolution, in particular mediation, is that we will see over the next ten years a definite “institutionalising” of mediation. See what he means by this and where he thinks we will see this development.

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The Impact of Court Fees on Mediation

Published in Lawtalk for LEADR NZ

The court fees and charges introduced in 2001, especially those that apply in the High Court and Court of Appeal, involve dramatic increases for litigants using our courts. These increases will see the parties (primarily the plaintiff) paying over $6,000/7,000 in court fees for a civil two-day High Court hearing involving say, a summary judgment application and one interlocutory argument en route to trial.

Read more: The Impact of Court Fees on Mediation