Tag: Alternative dispute resolution

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Principles of influence: personal authority

By Paul Sills As part of their repertoire, mediation professionals use tools to guide parties toward settlement more efficiently than if the parties were left to their own devices. The added dynamic of having a third person in the room changes the nature of the conversation that the parties have regarding…

Principles of influence: likeability

By Paul Sills To be a successful mediator, it is important to have some degree of influence and persuasion over the disputing parties. Not in terms of the outcome but in terms of the process and the conversation that the parties need to have with each other. This enables the mediator…

Family feuds — litigate, arbitrate or mediate?

By Keri Morris and Chris LaHatte Now that we have received the report from the Independent Panel’s review of the family justice reforms and also following the release of the Law Commission’s report on suggested changes to the Property (Relationship) Act 1976, we ponder other areas of family law where similar…

The arbitration paradox

When Lord Thomas of Cwmgiedd, then Lord Chief Justice of England and Wales, observed in his BAILII lecture in 2016 that “… the UK went too far in 1979 and again in 1996 in favouring the perceived advantages for arbitration as a means of dispute resolution in London over the…

Reactive devaluation

Conflict is inevitable and is often necessary to bring about change. Our reaction to conflict is typically a problem in itself as we lack robust and fair conflict resolution strategies, all too often falling back on our biases and prejudices even when we think we are being rational. Reactive devaluation is…

Running a major relationship property arbitration

In a previous article (LawTalk 932, September 2019), I suggested ways in which modest to middle level disputes could be dealt with by expedited arbitration. In this article I consider major relationship property disputes. Major relationship property disputes are assumed to be those in which trusts or companies are involved…

Cognitive dissonance

Psychology plays a fundamental part in the mediation process. There are five key psychological traits that emerge most often in mediation: confirmation bias, cognitive dissonance, reactive devaluation, reciprocation bias and Hanlon’s razor. This article examines cognitive dissonance and follows on from my previous discussion of cognitive bias. Cognitive dissonance refers to…

How do you start a relationship property arbitration?

In an earlier article I discussed the circumstances in which an arbitration might be the best way of resolving a dispute (LawTalk 930, July 2019, page 34). For those who opt for arbitration, two preliminary steps are required – one, an agreement to arbitrate, and two, choice of an arbitrator.…

Cognitive biases: challenging the way we think

Cognitive biases can be used to explain why good people make bad decisions. It is therefore important that we adopt strategies in our decision-making, recognising the positive and negative part cognitive biases play in our lives in order to become better educated and well rounded thinkers. Why do good people make…

New Zealand lawyer behind new Singapore mediation chambers

A Wellington lawyer and two high-profile colleagues have opened a mediation chambers in Singapore. Geoff Sharp, British QC Bill Wood and Singaporean Lim Tat are mediators and have all featured in Who’s Who Legal. Together, the trio have more than 50 years’ experience in mediation and have all spread their work from…

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