Dispute Resolution and Arbitration Commons^™

Rehearsing In Poetry, But Practising In Prose - The Anatomy Of A Manly Mediation, Geoff Sharp

Geoff Sharp

As arranged, the cast gathered at 9.30am for yesterday's production in the sort of law offices where, if you want a coffee, you need to say whether it's a latte, macchiato, cappuccino or espresso with soy/trim/creamer...

40 Sites In 40 Minutes, Geoff Sharp

Geoff Sharp

The best of free mediation resources on the world wide web

I Know It's Not My Problem... But It Happened On My Watch, Geoff Sharp

Geoff Sharp

It is at some risk that I set out to promote my expertise in the area of what to do when mediation ends in disagreement.

Nevertheless, I dread those times when the smell of napalm hangs in the air as the parties depart the room with their final exchanges of the ‘see you in court’ variety ringing in my ears.

To assist my investigation of what we do as mediators when destination Yes eludes us, I polled a number of experienced commercial mediators. I am indebted to my friends from Bond University in Queensland, Australia and colleagues from the International …

Desert Island Questions For Mediators, Geoff Sharp

Geoff Sharp

When I was a wee lad, I drove others nuts by asking questions. They were, I am told, good open ones usually starting ".... but, why?"

As time passed, I grew into a know-it-all teen and forgot about asking questions, more intent on doing the telling. Now at age 40 and in my role as a commercial mediator, I seem to have come full circle and once again appreciate the value of the well-timed, well-constructed question aimed at the essence of a discussion.

So what are my all-time favourites? What questions do I ask that make people sit back in …

The Legal Scholarship Of Blogs, Geoff Sharp

Geoff Sharp

If you’ve ever felt the need to share your opinions with the world, then blogs just may provide you with the global audience you’ve been longing for. Geoff Sharp surfs the wave of the future and finds out the skinny on blawging.

Where Angels Fear To Tread, Geoff Sharp

Geoff Sharp

The Tricky Matter of How a Commercial Mediator Shows Respect for the Attorney/Client Relationship...

Those of us who were lawyers in a previous life and are now mediators, or those of us who dabble in both worlds, will know that there is a sensitivity surrounding the whole question of the mediator and the attorney / client relationship. This tension is largely unspoken but it is nevertheless an anxiety for most attorneys as they head into a mediation session.

In Praise Of Joint Sessions, Geoff Sharp

Geoff Sharp

This paper deals with the increasing trend amongst mediators to do away with a joint session (where the parties meet face-to-face) at mediation in favour of meeting with the parties privately and adopting a shuttle mediation model.

This is an especially topical debate amongst mediators with some advocating that a purely private session or caucus model of mediation where the parties never meet saves time and is what the market now requires. This compares with other mediators resisting the demise of the joint session, saying it is at the heart of what mediators do and of what mediation is.

For …

Book Review - The Science Of Settlement: Ideas For Negotiators, Rebekah K. Maxwell

Faculty Publications

No abstract provided.

Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis

Articles

Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. Ethnically divided states have struggled to build safeguards against such disputes into their political and legal systems by establishing federal political structures, designing elections to encourage participation, and entering complex power-sharing arrangements, but such measures cannot be expected to prevent all conflict. Human rights and minority rights guarantees likewise have proven unable to accommodate all relevant groups and interests. Accordingly, multi-ethnic states facing persistent ethnic conflicts need to develop effective dispute resolution systems for resolving those conflicts as they arise. This presents an important question: what kinds …

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.

From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.

Unwilling Actors: Why Voluntary Mediation Works, Why Mandatory Mediation Might Not, Gary Smith

Osgoode Hall Law Journal

This article examines the debate over the introduction of mandatory mediation in civil litigation. It analyzes why and how voluntary mediation works in order to measure how the process might change under the new regime being implemented in Ontario. The underlying narrative structures of mediation are exposed using semiotic theories commonly employed in the study of theatre. This article will show that mediation, when imposed on unwilling parties, will hinder its efficacy and compromise its theatrical processes. The author concludes that the best way to ensure that making mediation mandatory does not discredit the efficacy and benefits of the process …