By Dov Silberman Every trade and profession has their own tricks of their trade, and mediation is no exception. I hope to present occasional pieces to give you some insight into what practices a mediator can bring into play to…
What Is Med-Arb?
By Dov Silberman Mediation – Arbitration, or “Med-Arb” for short, is a process by which section 27D of the various state Commercial Arbitration Acts allow for an arbitration to turn into a mediation, or for a mediation to turn into…
Confidentiality – a real case in Melbourne why it is so important
By Dov Silberman The Age this morning ran a report about a racist incident involving two under 15’s football clubs. Reservoir Colts captain Mohammed AWO, of Somalian heritage, claimed he was racially taunted and assaulted by his opponents team, Hurstbridge,…
Why Mediate – part 2 – What’s right with mediation.
By Dov Silberman The advantages of mediation are also well known and documented: Prior negotiations have failed. Negotiations will already have been attempted by the parties or their lawyers, including maybe round table conferences. For various reasons, they were unsuccessful. …
Why Mediate – part 1 – What’s wrong with litigation?
By Dov Silberman Why does the government and courts want you to mediate? You are in, or can see yourself getting into, a legal dispute. The other side is obstinate and pigheaded, completely wrong, and refuses to see that you…