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
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