Law Commons^™

Negotiation Lessons From The Book (Not The Film) Of Exodus, John Wade

John Wade

Extract: The recent film “Exodus: Gods and Kings” has sparked some renewed interest in the actual written record of those events. It did so for me. I was astounded as a lawyer and mediator to read slowly the detailed accounts of the negotiations in the book of Exodus chapters 1-14. Had I missed these dynamics which have been so much a part of my professional and academic life? So I share some of the themes which have emerged belatedly for me in this case study extraordinaire. One of the indicators from research of an “expert” modern day negotiator is someone …

Judicial Mediation And Competition For Clients And Government Funding Among Dispute Resolution Providers, John Wade

John Wade

Extract: The aim of this paper is to describe “judicial mediation”—what is it?; describe the general competition for clients and government funding between dispute resolution services – including to some extent, judicial mediation; set out the possible advantages and disadvantages of judicial mediation for both disputants and society—either as a diagnostic or competitive guide; and, despite lurking or actual competition, tentatively confirm a role for judicial mediation.

'Judicial' Decision-Making In Australia: Critique And Redemption, John Wade

John Wade

Extract: In Australia, as in most countries, the landscape of judges is vast. Judicial activity can be categorised in many ways. For example, first there is a tiny minority of judges with ’lifelong’ appointments (ie, to the age of 70 or 72 years); who are appointed by the government in power; who work in offices which look like traditional ’courtrooms’; and whose decision-making processes are usually publicised by observers and the publication of decisions and reasoning; and who, importantly, are constitutionally protected from political interference.

Mediation Workshop: Basic Course Materials, Laurence Boulle, John Wade

John Wade

No abstract provided.

Preparing For Mediation And Negotiation In Succession Disputes, John Wade

John Wade

This paper argues that a major task for lawyers in succession disputes, negotiations and mediations is to assist clients make wise decisions in the face of uncertainty. This requires preparation. A short preparation model of five humble hypotheses is set out. Normally, these should be discussed with any mediator well before a mediation takes place. Example precedent preparation forms are attached.

Matching Disputes And Responses: How To Diagnose Causes Of Conflict, And To Respond With Appropriate Interventions And/Or Referrals, John Wade

John Wade

This short paper will address three broad topics from an Australian perspective. Parts of this paper will be relevant to Canada and to other countries. First, where is the pressure coming from for dispute resolution professionals to improve the diagnosis of causes of conflict; and to improve the choice of intervention and/or referral to other skilled helpers? Secondly, what diagnostic dispute resolution services (problem defining) are currently “available”? What methods are used to make an initial diagnosis of causes of a conflict, and appropriate possible “interventions”? Thirdly, what dispute resolution assistance (problem solving) is “available” in each area of conflict? …

What Do Clients Of Mediators "Want"?, John Wade

John Wade

Extract: This title reflects a familiar marketing and ethical question for all service providers – what do clients of plumbers/doctors/psychologists/builders/lawyers etc want? Predictably, the answers given by anecdote, “theory” and more systematic research are complicated and conflicting. There is a simple answer to every complex question, and it is wrong. There are three elements in the question – what do the (1) clients of (2) mediators (3) want?

"Judicial" Decision-Making In Australia – Critique And Redemption, John Wade

John Wade

Extract:

This paper has four parts, namely a description of:

A. The Context ▪ Australia (the place) ▪ The vast landscape of “judicial” or quasi-judicial decision makers

B. The Commentary ▪ Repetitive critiques of judicial decision-making ▪ Redemption of judicial decision making

Plus an Appendix on Court Structures with details and diagrams.

Duelling Experts In Mediation And Negotiation: How To Respond When Eager Expensive Entrenched Expert Egos Escalate Enmity, John Wade

John Wade

Having dueling experts is a predictable problem for negotiators and mediators. A routine process in response is set out: normalizing, reframing, and turning the barrier into a standard problem-solving question. Twelve standard responses (each with inevitable advantages and disadvantages) are systematized for mediators and negotiators to learn and possibly add value to any negotiation.

Lawyers And Mediators: What Each Needs To Learn From And About The Other, John Wade

John Wade

The mediation movement has been given publicity, funds of taxpayers, and support by propagating simplistic notions of the “adversary” system and of what lawyers do on a daily basis. Conversely, lawyers have often attempted to neutralise this rival profession by (as major doorkeepers to serious family disputes) wilful ignorance of their own behaviour, ignorant criticism of mediator behaviour, anecdotal warfare and attempts to co-opt mediation under their own monopolistic umbrella.

This paper reflects upon the behaviour of both family lawyers and family mediators with the aim of assisting each group understand the other. Both groups have much to learn from …