Mediation Best Practice Masterclass

Issues covered include: mediation skills in commercial and family matters

Description

Featuring renowned barrister, Paul Sills, this masterclass you will enable you to take a deep dive into the mediation stumbling blocks as you work through practical real world examples and develop insights and tools to implement in your practice. Hear how to maximise the benefits of mediation and explore different high level strategies, styles and techniques. This masterclass is specifically tailored for you to refine your approach to disputes to deliver positive results for your clients.

Attend and earn 3 CPD Hours

WORKSHOP

2.00pm to 3.30pm: The Initial Stages: How to Approach a Mediation

Mediation: The Roles of the Lawyer and Mediator

Effective mediation requires preparation and constructive guidance by each lawyer 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: compromise vs all or nothing approach
  • Understanding and managing litigation risk
  • Managing client expectations


3.30pm to 3.45pm Afternoon Tea Break 

3.45pm to 5.15pm: The Concluding Stages: Ethical Dilemmas and Settlement Agreements

Ethical Issues in Mediation: Conflict, Greed 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


Drafting Impeccable Settlement Agreements

  • The merits of judgments and orders by consent or an inter parties agreement
  • Issues about estoppel and res judicata
  • What does without admissions mean?
  • What effect does the dismissal of proceedings have?
  • Challenges to settlement agreements
  • Deeds of settlement including the role of recitals and the effect of releases
  • Costs

Presented by Paul Sills, Barrister and Mediator

Paul Sills is a barrister with over 20 years' experience working in global litigation markets. Paul is also an accomplished business leader, having been involved in a diverse range of companies (as CEO or director) including the marine industry, global health care and international freight. Paul has been engaged in mediations both as a legal advisor and as a client since 1995 and as a mediator since 2010. These have included multi-parties and complex issues surrounding Treaty of Waitangi settlements, aviation disasters, construction and receiverships. Paul's appointments include Associate Member of AMINZ, a member of the panel of mediators for the Marine Industry Association, Triathlon NZ Age Group Adjudicator for 2015 and 2016 and a member of the panel of mediators for the New Zealand Law Society. Paul is approved to assist with the Society's Early Resolution Service, as well as standard track mediations. As a barrister, Paul maintains both an active commercial litigation practice and a comprehensive mediation practice.


Learning Objectives

  • Gain expert insights into the art of negotiation and mediation
  • Create a greater awareness of their ethical duties
  • Understand strategies for navigating difficult issues, while developing a ‘best practice’ approach

Testimonials

“Loved it, very interesting”
“Fascinating - Should be more of this!”
“Thought provoking”
“Absorbing; Excellent”
 “Interesting area, showed up all my faults”
 “Brilliant presentation”

Venue

Grand Mercure Auckland

Level 2, 8 Customs Street East
Auckland 1010
New Zealand

Map of Grand Mercure Auckland

Directions

Grand Mercure Auckland is a short 5 minute walk from the main train/bus station Britomart.

Parking

Parking is not included in your registration. Here are some options below. 

The hotel has very limited on-site parking. There is a valet service which works on a 'first come, first serve basis', and is $40 per car.

Other surrounding parking options include:
Britomart Car Park - click here to view rates
Lumley Centre Car Park - click here to view rates

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Issues covered include: good will instructions, assistance, testamentary capacity, fixing wills, succession law reform

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Lawyers are working from home, which brings new and unchartered pressures. Have you considered how wellness practices could work for you?

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Issues covered include: paperless litigation, communications, expert evidence, oral and written advocacy

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The challenges presented by Covid-19 has highlighted how critical effective governance and compliance is for directors. Over two hours, cover the most pressing issues including strategic and safety governance, and the liabilities arising for breaches of the Commerce Act, Fair Trading Act and the fair dealing provisions of the Financial Markets Conduct Act.

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Issues covered include: separation agreements, overseas assets, Property (Relationships) Act, s 21J, serious injustice cases

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Get caught up on the latest cases and developments in New Zealand trade mark law.

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Issues covered include: propensity evidence, surveillance, anti-money laundering, white collar crime

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Issues covered include: leadership skills, self-leadership

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As we shift even more of our day-to-day activity online in response to the global health pandemic, increased security threats and advancements in automation means the risks to directors and boardrooms has never been greater. Join experts over three hours to explore the AI revolution, privacy law reform and receive practical guidance on effectively managing cybersecurity threats.

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Issues covered include: RMA, climate change reforms, water management, case law update, infrastructure

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This webinar will examine critical contract clauses that you need to know in response to COVID-19 and the current commercial environment.

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Issues covered include: remote working, digital signatures, Modification Orders for wills, EPAs, Modifications ORders for Oaths and Declarations, probates

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Issues covered include: COVID-19, privacy law, opportunities and challenges

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Issues covered include: Online challenges, bullying, harassment claims, #MeToo, pastoral care, confidentiality

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Issues covered include: emergency notification regime, national interest" test, call-in power, "benefit to New Zealand" test, OIO application

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Issues covered include: office leases, industrial leases, triple net leases, landlord and tenant perspective

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Issues covered include: business development essentials, goals, systems, LinkedIn, marketing, self-promotion, media, communications, sole practitioners, small firms, medium firms

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Issues covered include: post-COVID-19, charities and the economy, legal framework, legal considerations and strategies

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Issues covered include: infringement defences, good faith, use of own name, evidence trade use

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Gain knowledge and skills to effectively advise your client in the ‘new normal’ with this three part series examining Immigration and Protection Tribunal appeals, important new work visa changes, key migrant worker issues, and how to navigate deportation risks. Book the entire series and save or select just the sessions that most interest you.

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This series will cover some of the most important legal issues affecting schools, 1 hour at a time until the end of 2020. Hear from leading education lawyers and gain practical, up-to-date insights into family law, employment law and staff misconduct, privacy, online and social media issues and bullying. Watch live online to interact with the speakers and other delegates or register for the on-demand to watch the webinar at a time that suits you.

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Employment law issues are currently front and centre with employees adapting to the new way of working and businesses doing their best to survive. This 6 part series will examine good faith in restructuring and redundancies, work-from-home arrangements, restraint of trade and protecting confidential information, recent cases and the Holidays Act, employee performance management, medical incapacity, bullying and harassment. Choose the session most relevant to you or attend them all.

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Attend and you will comprehensively examine the requirements and trustee duties under the new Trusts Act that you need to know. Receive essential tips for getting your trust wind ups back on track as quickly as possible. You will also gain a deeper understanding of the complexities of trust deeds, including drafting, modification, indemnity clauses and powers.

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Are you well-positioned as in-house counsel to help support your business thrive post-COVID-19? Receive practical guidance on the latest contract trends, strategies on better partnering with regulatory and compliance teams and best practice tips on effectively dealing with the unique ethical issues faced by in-house teams. Book the entire series and save or select the sessions that most interest you.

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Gain insights directly from the ACCC on their current approach to country of origin issues and misleading and deceptive conduct. Hear firsthand from FSANZ and NSW DPI about how they’re responding to ingredient substitution under the Food Standards Code, imported food issues and proposed processes to offer relief to the industry. Explore how the industry can deal with other emerging legal risks involving supply and distribution chains, safety protocols, crisis management and more.

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What are the latest Immigration and Protection Tribunal (IPT) appeals you need to be across of? Join Charlotte Summers over one hour to examine critical and fascinating IPT appeals and receive practical guidance and key takeaways that can immediately be incorporated into your practice.

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Stay on top of the recent changes to employer-assisted temporary work visas in this one hour session with Lauren Qiu. You will receive an analysis of the recent work visa updates, insight into the options for stranded migrant workers and practical tips and compliance considerations for employers. Don’t miss out on this jam-packed session.

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What are your client’s options when faced with deportation? Join Simon Graham as he takes a deep dive into deportation in the criminal context. You will receive practical guidance on your client’s options to appeal and court proceedings, and key takeaways that you can implement into your practice.

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Are your commercial contracts full-proof? Join Jenna Riddle over one hour to examine the latest contract issues in-house lawyers need to be across of, including force majeure, contract termination, waiver of rights and contract variation. Walk away with the knowledge and tools to ensure your contracts are up-to-date in the post-COVID-19 climate.

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How can in-house lawyers ethically navigate the new normal when they are faced with a myriad of new challenges? Join John Steadman over one hour as he discusses the real issues confronting in-house lawyers in a post-pandemic world. You will learn how to be commercial and ethical at the same time, and gain practical strategies into managing conflicts and privilege and professional conduct issues.

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How can in-house lawyers better partner with their regulatory and compliance teams? Join Louise Unger over one hour as she examines the intersection of the in-house lawyer’s role with regulatory and compliance functions. Benefit from receiving practical tips and guidance on what effective frameworks really look like.

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Attend and you will receive essential tips and strategies for managing an incident of staff misconduct on social media in your school.

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Gain a robust understanding of family law issues and the different types of family law court orders that you will encounter in your school.

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Receive an essential update on privacy legislation that your school needs to know.

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Attend and equip yourself with the skills to manage and effectively deal with a report of bullying and harassment by an employee at your school.

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Gain a deeper understanding of the disciplinary process when dealing with different complaints of misconduct, including the investigation process.

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You will examine good faith, genuine reasons, and reasonable processes when advising on restructuring or redundancies.

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Attend and unpack the legalities and risks associated with employee ‘work from home’ arrangements.

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Gain a deeper understanding of the legal framework around protecting confidential information and enforcing restraint of trade.

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Attend and you will receive a timely update on the Holidays Act reform and a critique of the consequences of the Metropolitan Glass Decision.

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You will gain a thorough understanding on how to effectively implement processes to effectively advise on how to performance manage an employee.

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The process for terminating an employees’ employment due to their long term illness or injury and factors that need to be considered. Also, what employers need to do to prevent bullying in the workplace and what to do if a complaint of bullying is made.

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Shine a critical light on the Property Law Act 2007 ((PLA) amendments and the impact that these have had on commercial property leases. Examine the resulting emerging trends.

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Receive a timely and critical update on unfair contract terms in consumer contracts. Examine the legal framework behind the prohibition on contract terms and understand what you need to do to ensure your consumer contracts are compliant with the unfair contract term provisions. Most importantly, you will review the recent enforcement activity of regulators and be updated on statutory changes.

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Elevate your skills and enhance your knowledge with this step by step expert guide to family law agreements and applications. You will receive practical guidance on drafting separation agreements and insight into the critical considerations you need on your radar when negotiating contracting out agreements and spousal maintenance applications. Attend and gain strategies you can immediately apply in practice.

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This series will examine the latest developments in judicial review, explore public international, comparative and foreign law and what this means for New Zealand and take a deep dive into ‘personal information’ and privacy obligations in the Government law context. Choose the session most relevant to you or attend them all.

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Attend and receive an in depth round up of the most important cases and developments in judicial review and their implications.

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Questions of public international, comparative and foreign law can and do arise across cases before the New Zealand courts. While the basic principles governing such law are long-standing, the concrete application of those principles can be difficult. They can also yield unexpected advantages and disadvantages. Attend and gain a deeper, practical understanding of the application and implications of public international, comparative and foreign law on the decisions made in New Zealand cases.

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Attend and you will receive a timely update on the meaning of ‘personal information’ while critiquing your privacy obligations.

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This half-day programme will provide you with practical guidance into some of the most pressing matters facing practitioners right now, including family harassment, the child’s best interests in a dispute and managing difficult clients. Walk away with key strategies and an understanding on how to better support your clients in practice.

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Now that most lawyers have received the results of their first AML/CFT audit, this crucial AML/CFT update will provide insight into how to improve your audit result while managing the costs associated with complying with the regime.

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An essential update on Procurement Rules, implications and considerations. Gain a deeper understanding of the 2019 Government Procurement Rules and legal framework as well as examining the Ombudsman’s jurisdiction in reviewing commercial decision making. You will also be brought up to date with current case law in this area.

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With nearly all commercial disputes being resolved in settlements, drafting enforceable and effective settlement agreements are some of the most important skills you must know – and get right. Hear from specialists in commercial litigation and dispute resolution as they provide you with practical tips to overcome this challenging area of commercial practice.

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What advice should you be giving your clients on their estate right now? Receive guidance on estate planning techniques, explore the taxation and trust issues arising from deceased estates and catch up on the latest in estates litigation. Walk away with practical tips and strategies to implement immediately in your practice.

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Curious about the cannabis reforms and how they will affect you? Here are 3 reasons why you should be interested in attending this webinar… One. On 19 September you will be deciding whether you want cannabis to be legal nationwide. Two. There are lucrative business opportunities for NZ in this multi-million dollar industry– especially for agribusiness. Three. This will affect commercial, government, intellectual property and criminal law. Be updated and position yourself to capitalise on this growth area.

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What advice should you be giving your food and hospitality clients right now? Receive an update on the latest developments, the legal risk and opportunities emerging for the food industry and the importance of an effective traceability system. Ensure your clients are compliant with the digital display of food by 31 December 2020.

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The effective use of evidence is the difference between winning or losing in the courtroom, so it’s imperative that you get it right. This must attend programme for criminal lawyers will analyse recent appellate judgments relating to propensity evidence, provide insight into expert opinion evidence and how you can effectively challenge the legality of search powers.

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Are you ready to respond to the suite of changes to freshwater management? Join a panel of leading freshwater and resource management experts as they examine the latest developments right now. You will gain a practical understanding of the new water law reforms, insight into Māori water rights and responses to the reforms and explore the developments in urban waterways and water sensitive urban design. Stay up to date and walk away with key takeaways to implement immediately into your practice.

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Maximising your client’s returns on their IP assets is essential to helping them achieve commercial advantage. Hear from leading commercial and IP experts as you explore how to effectively conduct IP audits. Gain valuable insights into ‘what-can-go-wrong’ through interactive case studies and scenarios to help you develop a strong intangible assets strategy, and examine how to effectively manage the IP contracting process.

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What are the latest issues affecting the rural community right now? Gain the knowledge and skills to effectively advise your client with this three part series examining trust restructuring and resettlement, insolvency and the freshwater law reforms. Book the entire series and save or select just the sessions that most interest you.

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As families grow and generational change occurs, trusts often need to be restructured. Receive practical guidance on the key issues that arise and takeaways that can immediately be incorporated into your practice.

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Examine the latest insolvency issues in the agricultural sector in this one hour session with Bridie McKinnon. You will receive an update on Farm Debt Mediation, the insolvency law changes in response to COVID-19 and practical tips in an insolvency situation. Don’t miss out on this jam-packed session.

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What are the latest freshwater law reforms you need to be across of? Join Sarah Eveleigh as she provides a critical overview of the reforms and its impact on the agricultural sector. You will receive insight into the changes to the Resource Management Act, emissions and climate change and farm environment plans, and key takeaways that you can implement into your practice.

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The end of the wage subsidy means that more redundancies are on the horizon. This programme will dissect the process of redundancies, highlight red flags and risk, examine how to manage unilateral variations, and with the benefit of recent case law, help you to ‘future-proof’ employment relations in your client’s or your business.

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