November, 2005
"10 Tips to Reduce the Costs of Marcie and Leo’s Divorce"
Leo and Marcie were married in 1985 at Niagra Falls. They met at university. Leo is an engineer and is employed with a national corporation. Marcie teaches acting at one of the local colleges. They have two children: Katherine is completing grade 12; Timmy is finishing grade 9. Katherine has been accepted at the University of Victoria. They own their own home and Marcie and Leo each have employment pensions. They are both good parents, in their own ways.
March, 2004
"Leading the Process"
INTERACTION, Volume 16
How does what happens before the joint mediation meeting impact this process? In recent years, I have commenced most of my mediations using separate, in-person preliminary conferences with each disputant.
July, 2003
"HOW
DO YOU PREPARE FOR "YES"?: A Study of the Effectiveness of Pre-Mediation
Activities"
MASTER OF LAWS THESIS, Bond University School of Law
Original research outcomes into preliminary mediation
practices in Australia and Canada are reported. In particluar, the data
suggests answers to the question: What activities are effective from the
perspective of disputants?
January, 2003
"Why
Do Some Setlle Before Mediation?"
THE LAWYERS WEEKLY
As there is no statistically supported research
illuminating this phenomenon, we are left with educated hunches. While
critically assessing one's case in preparation for mediation may make
resolution compelling, there are other possible explanations for early
settlement.
March, 2002
"Challenging
Observations in Brisbane"
RESOLVE, Family Mediation Canada
Imagine a large interior room with five desks facing
the walls, each with
a computer and hands-free telephone separated by five-foot high dividers.
Add a large table in one corner with seating for six. Keep the centre
of the room open. Now think "Mediation".
July, 2002
"Prepare,
Prepare, Prepare"
Possibilities/Possibilités, National ADR Section, CBA
Clients are more satisfied and have higher success
rates when they are well-prepared for mediation.
March 2002
"Mediation
in the Shadow of Abuse - An Update"
Family Law Quarterly
The debate continues over whether it is appropriate
to mediate in the face of spousal abuse. The reality is that family mediation
does take place in abusive relationships, at times with the abuse unrecognized
by the mediator.
March, 2002
"Negotiation
"
Family Law Quarterly
Every lawyer negotiates daily. In fact, statistics
demonstrate that fewer than 5% of actions commenced by filing in court
registries are actually concluded by trial. Surely this means that lawyers
are effective negotiators. Perhaps.
June 1, 2001
"Lawyers,
mediators must screen for abuse in family mediation"
The Lawyers Weekly
The debate continues over whether it is appropriate
to mediate in the face of spousal abuse. The reality is that family mediation
does take place in abusive relationships, at times with the abuse unrecognized
by both the mediator and legal counsel.
December, 2001
"Incorporating
ADR into Canadian Civil Litigation"
Bond Law Review, University of Bond, School of Law, Queensland, Australia
This article describes four current provincial developments
in civil, court-connected mediation within Canada. The nature of Canada's
constitution has resulted in civil court processes, and their linked dispute
resolution initiatives, being organized on a province-by-province basis.
August 2, 2001
"Research
Findings Support Holding Preliminary Conferences"
The Lawyers Weekly
There is a significant positive correlation between
holding a preliminary conference and reaching a resolution of the dispute
at mediation.
July 2000
"Moving
towards resolution during intake"
Possibilities/Possibilités, National ADR Section, CBA
Australia's National Alternative Dispute Resolution
Advisory Council has observed that each dispute resolution provider has
a unique opportunity, through ADR, to assess and develop a service to
accommodate the needs of users.
September, 2000
"Yet
another way to get parties to the table"
The A.D.R. Bulletin
Courts and legislatures have developed a variety
of methods to encourage parties in a court action to participate in mediation.
Some of these methods are persuasive, others are mandatory. In 1998, the
British Columbia Attorney General introduced the Notice to Mediate (NM).
January 21, 2000
"Mediation
in conflicts involving the elderly requires a special approach"
The Lawyers Weekly
Our population is aging. There are - and will continue
to be - many conflicts in which an elderly person is central.
January 29, 1999
"Estate
disputes ideal for mediation"
The Lawyers Weekly
Mediation is a natural for estate conflicts and
misunderstandings that are often multi-generational and emotionally charged.