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Tag: Alternative dispute resolution

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Cognitive biases: challenging the way we think

Cognitive biases: challenging the way we think

Cognitive biases play a vital part in our daily decision-making processes. Due to the complexity of our brains, there is much contention surrounding how many cognitive biases there actually are. The number sits between 50 and 150 – all contributing to our everyday thinking. The five focused on in this…
Cognitive biases: challenging the way we think

Cognitive biases: challenging the way we think

We may think we are rational, open-minded thinkers making ethical decisions in an objective, non-biased fashion. However, this is almost impossible. No matter how intelligent we believe we are, we are all susceptible to a swarm of cognitive biases. Our decisions are often shaped by emotional attachments, misleading memories or…
Dispute prevention: using mediation as a business tool

Dispute prevention: using mediation as a business tool

In Part 2 we will look at some practical examples of this concept at work. I would recommend reading “Tailored Commercial Mediation Options: What are they, and how can a sceptical market be encouraged to try them?”, a paper presented to the 2015 AMINZ annual conference by barrister and commercial…
How to pick a mediator

How to pick a mediator

Most lawyers, and some clients, get the potential benefits of mediation. Cost/time saving, stress reduction, relationship preservation, confidentiality, blah blah blah. But once the decision has been made to go to mediation, how to find a mediator? And not just any mediator – the right one for that dispute? What follows…
Families at war (and not in the Family Court)

Families at war (and not in the Family Court)

As lawyers, we often receive instructions from clients who are in dispute with family members. This could be about a variety of issues, from disputes over distribution of estates, to fallings out over joint business enterprises. How do we, as lawyers, actually help such clients? Sure, we can provide legal advice…
Dispute prevention: Using mediation as a business tool, Part One

Dispute prevention: Using mediation as a business tool, Part One

“We are used to thinking about competitions in which there is only one winner… But the world is not really like that… The key to doing well lies not in overcoming others, but in eliciting their cooperation.” – Robert Axelrod Mediation is often effective if the parties can engage in person…
Consensus Building, Part 5: Reaching agreement and holding the parties to it

Consensus Building, Part 5: Reaching agreement and holding the parties to it

In this final article on the Consensus Building Approach (CBA) to dispute resolution we look at the last two steps in the process: reaching agreement and implementation – holding the parties to the commitments that they have made. Too often participants are focused only on getting to an agreement so…
Consensus Building, Part 4: How to solve the problem

Consensus Building, Part 4: How to solve the problem

Well done – to get this far you have identified the opportunity for consensus building, got the key stakeholders on board and identified the main issues. But now your first meeting is about to commence, and you are concerned about how you are going to hold all of this together. Adopting…
Intellectual Property and Alternative Dispute Resolution

Intellectual Property and Alternative Dispute Resolution

This article is about why alternative dispute resolution (ADR) methods, such as arbitration, expert determination, and mediation, are so apt for intellectual property disputes, and how we in New Zealand could improve in this field. The American humourist Ambrose Bierce described a lawsuit as: “A machine which you go into as…
Consensus Building, Part 3

Consensus Building, Part 3

A Consensus Building Approach (CBA) is only as good as its participants. In a majority rules process there are few players and most of them take a passive role. Take our parliamentary process as an example: the Speaker of the House is the in-house rules expert determining whether parliamentarians are working…
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