Sample ADR Clause (LEADR)
Sample ADR Clause (AMINZ)
Power Point Presentations;
“What value do commercial mediators bring to the table over and above what an experienced lawyer can offer?
You have a large commercial/money dispute that will eventually find its way to arbitration or possibly even the court room – why then go to the trouble and expense of organising a mediation? After all, what can the mediator possibly do to settle the matter that you cannot – in the end it’s your case, is hiring a mediator somehow saying to the client; “I don’t have the ability to settle your dispute”?
Geoff’s presentation will look at how commercial mediation has developed into an efficient and highly effective vehicle for settlement of commercial disputes in the hands of lawyers who recognise that their advocacy in mediation is a very different skill compared to their advocacy in the arbitration or court room.
Geoff will walk the audience through a well-run commercial mediation from opening to closing and look at how the mediator works with counsel to maximise their effectiveness and avoid prejudicing their client’s strategic/tactical trial interests or undermining/intruding upon the attorney-client relationship”
“The working premise for this paper is that over the last 3 to 5 years we have seen a move away from mediators doing their work in joint session with all the mediation parties together at the table towards the process becoming dominated by private or caucus sessions where the mediator meets privately with individual parties only.
This paper, which is written in the context of mediating the litigated case, will deal with this increasing trend amongst mediators to do away with a joint session and adopt a shuttle mediation model.
This is an especially topical debate amongst mediators with some advocating that a purely caucus model 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 we do and of what mediation is”
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