Mediation Masterclass: Positive Results for Pleased Clients
WEB213NZA40: Spend the afternoon with barrister, Paul Sills. This masterclass workshop will enable you to take a deep dive into mediation best practices and strategies. Work through practical real world examples and develop insights and tools to implement in your practice. Examine how to maximise the benefits of mediation and explore different high level strategies, styles and techniques. This masterclass is specifically tailored to refine your approach to disputes.
Description
Attend and earn 3 CPD hours
Chair: Shirli Kirschner, CEO, Resolve Advisors
THE INITIAL STAGES: HOW TO APPROACH A MEDIATION
Mediation: The Roles of the Lawyer and Mediator
Effective mediation requires preparation and constructive guidance by the parties’ lawyers and the mediator. The role of those professionals is fundamental to enhancement of the mediation for the benefit of the parties. You will explore the practical performance of those roles.
Mediation Advocacy: You’re Not in Court, So Don’t Act Like You Are
- Getting the mindset right: collaboration and interests vs all or nothing approach
- The role of compromise
- Understanding and managing litigation risk
- Managing client expectations
THE CONCLUDING STAGES: ETHICAL DILEMMAS AND SETTLEMENT AGREEMENTS
Ethical Issues in Mediation: Conflict, and Moral Morasses
The ethics of the informal and client-driven process of mediation are as real and important as the ethics of the formal and judge-driven process of the courtroom.
- Analysis of how ethics applies generally in mediations
- The scope of the duties to keep the client appraised and to act in good faith
- Overcoming ethical challenges in mediation while achieving successful outcomes
Settlement Agreements
- The Singapore Convention and international disputes
- Issues about estoppel and res judicata
- What does without prejudice really mean when arguing over whether an agreement was reached or not?
- What effect does the dismissal of proceedings have on the settlement agreement?
- Challenges to settlement agreements
Presented by Paul Sills, Barrister and Mediator
Presenters
Paul Sills
Paul is a barrister with 26 years’ conflict resolution experience. Paul is a commercial arbitrator, mediator and barrister in New Zealand and internationally.
Appointments include: AMINZ Fellow, Fellow of CIArb , Fellow of Prime Disputes, Fellow of MIArb (Malaysia), Resolution Institute Arbitration Committee member (Australasia), Netball New Zealand Disciplinary Committee chairman, mediator for the Marine Industry Association, and mediator for the New Zealand Law Society. Paul is also Chairperson of the New Zealand Master Builders Association Code of Conduct committee and is on the Franchise Association of New Zealand mediation panel.