Mediation Articles

Mediator Obligations and Ethical Issues – Richard Galloway 2011

The Ethical Limits of Advocacy in Mediation – Robert Angyal S.C. This timely paper by Robert Angyal SC of the Sydney Bar deals with the subject of negotiation techniques used at mediation and the legislative and ethical limits on negotiator’s conduct, and the serious professional consequences for advocates in mediation is they are found to have engaged in deceptive and misleading conduct. Essential reading for mediators to assist with understanding the ethical and legislative limits on the conduct of negotiators who attend their mediations.

A Critique of Mediation, Challenging Misconceptions, Assessing Risks, And Weighing the Advantages – Robert Benjamin

Competitive Bargaining by Lawyers and Why Some Clients Become Unsettled

Mediation in Property Matters – Practice and Reform – The Hon Justice Jordan and Peter Sheehy

Styles of Mediation – mediate.com

The Limitations of Litigation – mediate.com

Mediation: The “New Arbitration” – Jacqueline Nolan-Haley

A Note for Lawyers – Peter Sheehy

Optimistic Overconfidence and Adverse Reaction to Offers – Peter Sheehy

Evaluative and Directive Mediation: All Mediators Give Advice – Professor John Wade

The Representative At Mediation And Negotiation – Professor John Wade

Family Law Mediation-style Conferencing: Creating an opportunity in a crisis – Andrew Davies and Jill Howieson