I am one of the mediators appointed to the Family Law Settlement Service operated by the Family Law Courts. A detailed Evaluation Report of the Service has been prepared by Marilyn Scott of the University of Technology Sydney. The Report examines the initial 148 cases referred...
Paper given to LEADR Conference 10 September 2013 UNDERSTANDING AND WORKING WITH LAWYERS: How lawyers attempt to influence and persuade at mediation Recommendations for mediators for engaging and working effectively with lawyers As a lawyer, I have attended with clients at countless mediations, and been intrigued at how little...
I am presenting a paper at the 2013 LEADR Mediation Conference in Sydney on 10 September. LEADR is one of the largest mediation organizations in Australia. Many mediators, lawyers and other dispute resolution professionals attend the annual conference. My paper is about how lawyers attempt to...
Below is a link to a survey which might be useful for you. The link is to an English survey of young adults who experienced parental separation in their childhood. Their recollections are a useful guide for separating parents – and family lawyers and mediators -...
Separating spouses have many issues to resolve - including choosing the most appropriate decision making process. Early selection of the best process helps separating spouses reach the best possible agreements, save time and money, and minimise acrimony. I have developed the attached chart to help explain the four...
Family lawyer, Melanie Roberts, has joined us at Shepherds The Family Law & Mediation Specialists. Click here for details of Melanie’s expertise and qualifications. Melanie has practiced as a solicitor in New Zealand, England, and Australia. In addition to being a family lawyer, Melanie is also an accredited mediator...
The Family Court and Federal Magistrates Courts has introduced new and increased filing fees for family law matters. An initiating spouse must now pay a filing fee of $500 when commencing proceedings in respect of both parenting and property issues or $305 when the proceedings are about...
As a mediator, I regularly see disputants (and their lawyers) make counter productive attempts to persuade each other. These attempts at persuasion often drive parties away from (rather than towards) resolution and agreement. Three common mistakes are: 1. Misunderstanding who needs to be persuaded In a negotiation or...
We all have to deal on occasions with difficult people who argue about everything with everyone. Bill Eddy calls them “High Conflict People” (hereafter called HCPs). Bill Eddy is a Californian lawyer, mediator and therapist who has written extensively about managing HCPs, and gave a workshop...
Many negotiators (including lawyers) believe that the party who makes the first offer, loses the negotiation. What does the psychological research and negotiation theory say? A fundamental question in any negotiation is who should make the first offer – and why. The question arises in many...