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Articles
Please click on an article title to read the full text: Where Angels Fear to Tread 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. Desert Island Questions What questions do I ask that make people sit back in their chairs, audibly exhale, rub their foreheads and say ".... gee, that's a really good question to ask me…I've never had to look at it like that before...". When they do of course, the glow of being a MARVAL (mediator adding real value at last) warms me to the point where I inevitably ask just that one question too many and I descend, once again, into that mediator's fog of where the hell are we that we all come to know so well. It Happened On My Watch 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. Mediating Appeal Cases Appellate mediation is a most unusual concept. However, it might just provide a new exit point for litigants right when they need it on that well worn litigation highway. The new court fees and charges in New Zealand, especially those that apply in our High Court and Court of Appeal, involve dramatic increases for litigants using the courts. Some of us will remember the 'Common Law Department' which, as I recall, was not always blessed with the harbour view. Most of us these days will be more familiar with the 'Litigation Department' or even more latterly, the 'Dispute Resolution Group'. Where next...the 'Problem Solving Department'? It a telling commentary on the way litigators have evolved themselves over the last 20 years. What Should I Use Mediation For? Most in house counsel are initially drawn to mediation because of its potential for substantial savings in legal fees and other litigation expenses. There are, however, substantial benefits besides minimising costs... An article for NZ in house counsel published in Corporate Lawyer, Winter 2005 The Legal Scholarship of Blogs In many jurisdictions there are now legions of law students, law professors, law librarians, law marketers, law firms and most importantly, busy lawyers, all providing open and free access to a variety of information and knowledge that in the past would have been inaccessible or available only by costly subscription. It's called BLOGGING. An article for NZ Lawyer 2007
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