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Litigation

2009

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Selected Works

Mediation Skills

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Desert Island Questions For Mediators, Geoff Sharp Jun 2009

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 …


In Praise Of Joint Sessions, Geoff Sharp May 2009

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 …