A new Convention establishes an international framework for the enforcement of mediated settlements, akin to the New York Convention for the enforcement of arbitral awards.
Parties to proceedings in New South Wales courts which are ordered to mediation need to be aware of the obligations imposed on them, and that a failure to observe them could expose their clients (and even the lawyers themselves) to costs and other consequences.
Dominique Hogan-Doran's presentation at the International Bar Association's Annual Conference on "What role has good advocacy in mediations?" on Tuesday 10 October 2017 is now available for download (as PowerPoint PDF) and as an audio file.
The panel was hosted by the IBA's Arbitration Committee, Forum for Barristers and Advocates (Lead), Litigation Committee, and Mediation Committee.
Thanks to panel chair David Barniville SC, Co-Chair of the Forum for Barristers and Advocates, panel moderator Winnie Tam SC, past Chair of the Hong Kong Bar Association and fellow panelists.
The NSW Law Reform Commission has now released its Consultation Paper 18 - Dispute Resolution: Model Provisions (15 December 2016) as part of its inquiry aimed at improving legislative provisions dealing with alternative dispute resolution.
Phillip Street Mediation's Principal, barrister Dominique Hogan-Doran recently participated in the Program on Negotiation & Leadership at Harvard Law School. In this blog she shares some of the key learnings.
Understanding the importance of preparation, contractual obligations and the principles of an effective settlement are some of the key elements for a successful mediation.
Dominique Hogan-Doran's presentation slides accompanying her paper on Mediation: Ethics, Confidentiality & Privilege to the Law Society of NSW Young Lawyers Annual Civil Litigation Seminar held on 28 March 2015 is now online and available for download.
A survey recently conducted by Today's General Counsel asked US in-house lawyers about their thoughts on the pros and cons of arbitration and options for mediation.
Mediation is not an ethics-free zone.
The overall goal of mediation is to share information, not withhold it.
Meeting a mediator for the first time at the mediation is sometimes inevitable, but never ideal.
The main risk of mediation is that the parties will expend time and money without reaching agreement. Getting parties to agree to attend a mediation is just one step along the way to a successful resolution.