Papers


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These papers may be freely copied for information and reference purposes on the understanding that there is clear attribution of the author.

Advanced Mediator Skills Project
Michele Gill, July 2002

Building a Mediation Practice
by David Richbell, Being well trained and obtaining accreditation is only the first step to becoming a successful commercial mediator.......

Co-Mediation
by David Richbell. This chapter is about Co-Mediation. It is the most effective, most rewarding, most valuable method of mediating disputes......

Deal Mediation
by David Richbell, I write this paper from the perspective of mediating hundreds of commercial disputes and in so doing using skills and competencies.....

Evaluative Mediation
by David Richbell. Evaluative mediation means, for the purposes of this paper, the mediator expressing an opinion....

Lawyers In Mediation
by David Richbell. Mediation challenges the traditional role of all lawyers, both in-house and external, in resolving disputes....

Mediating Multi-Party Disputes
by David Richbell. This is about mediating disputes where there are more than a single claimant and a single defendant involved....

Mediation Overview
by David Richbell. There is one crucial factor that makes commercial mediation different from most other forms of dispute resolution....

Mediation Process
by David Richbell. Commercial mediation is a flexible process and therefore not one to be constrained by rules or by a rigid framework....

Mediations Get Better Deals
by David Richbell. A lot has been written about mediation, mostly in support, some casting doubt on its suitability in resolving insurance disputes....

Mediator Skills
by David Richbell. An effective mediator of civil and commercial disputes does not need to be an expert in law; indeed s/he does not need to be a lawyer....

Most Lawyers Foul Up Mediations
by David Richbell. A colleague recently asked me if Collaborative Law means the end of commercial mediation as we know it....

One In Three Clients Try To By-Pass Lawyers In Mediation
by David Richbell. At a recent gathering of top commercial mediators, a significant number reckoned that on average one in three parties at some stage ask the mediator to bypass their lawyer....

The Government Lawyer's Role In Mediation
by David Richbell. Mediation challenges the traditional role of all lawyers, both internal and external, in resolving disputes....

The Subvertive Lawyer's Guide To Mediation
by David Richbell. Mediation is 'sold' on the basis that it is quick, cost effective, confidential and puts the power back with the client....

What The Mediator Looks For In Lawyers
by David Richbell. In a commercial mediation the Mediator has a responsibility to give the parties the best chance of doing a deal....