Thoughts from the field

Welcome to our Thoughts from the Field. From time to time we will update some interesting musings in the world of mediation, negotiation, arbitration and litigation.

As the queues building in Federal Circuit Court and Family Court continue to grow, the role mediation plays in dispute resolution is more important than ever.Nowhere is this more financially and emotionally evident than in family law matters.With a waiting list of up to three years for matters to be heard, the highly-emotive and often financially-critical matters of family law ...

There’s a myth amongst many legal professionals that mediation is best suited to paltry squabbles, particularly of the personal kind. My personal experience in the mediation arena has taught me the opposite — the more complex the dispute, the more important it is that the parties sit down to thrash out the issues. Even in cases where litigation is inevitable, a skilled mediat ...

Proposing mediation in seen in some circles as akin to flinching first in a gun fight; it shows vulnerability and leaves you exposed to a more experienced opponent. Having been given the trust of their client in their skills and legal strength, no lawyer wants to have that dissolve with the line “I think we should try mediation”. This is particularly evident early on, when the ...