hat's Happening in Conflict Resolution" is a weekly round up of the all the ADR news, jobs, events and more. Check it out each week and view past versions [HERE].

Ask a Lawyer: Do We Have To Mediate?

Q: We are involved in a hotly contested litigation. There is talk about a private mediation with a retired judge whose quite expensive fees we would split. My view is why bother if the other side has no interest in settling with us? Do we have to go, or can we condition it so we have some chance of actually reaching a deal?

— B.L., Hawthorne

A: You are referring to private mediation, which is voluntary. No one is required to go. If the court requires a settlement conference, there are alternatives to private mediation. Typically, the parties evenly share the fees of the private mediator, and, yes, some mediators are quite costly.

Mediation also can be a bit of a poker game…

Read more [HERE]

Doctor urges compulsory mediation in patient care rows

The NHS could save millions of pounds if families and doctors were offered mediation when they disagreed on a treatment, a leading consultant said.

Dr Chris Danbury, an anaesthetist at Reading's Royal Berkshire Hospital, said it should be made a legal requirement in England and Wales.

Examples of when mediation should be used include disagreements in whether to turn off life support, he said.

This would avoid a case going to the Court of Protection.

Another instance where mediation could be used was when a patient who is mentally competent did not want to accept a treatment they medically needed.

But one mother, whose son died of a brain tumour, said she was not sure mediation was the best form of persuasion for parents at a vulnerable time...

Read more [HERE]

5 Tips for Choosing the Best Divorce Mediator

Choosing a divorce mediator is the first agreement divorcing spouses make together at the beginning of the divorce mediation process. It will be one of the most important decisions spouses reach during their divorce.

In divorce mediation, you will discuss issues that are personal, sensitive, and emotional. There will be times when you cover financial and legal issues. There will be times you communicate about important family issues. You will consider your thoughts and feelings as you reach agreements and create your own divorce terms. All the while, the divorce mediator you choose will guide you along the way.

There are many factors to think about when choosing the right family mediator. Below are five essential mediator qualities that spouses should consider before choosing a divorce mediator.

# 1 - TRUST

Choose a mediator that you trust….

Read more [HERE]

Never-before-seen images inside Sydney Café Terrorist/Siege negotiation room 

Never-before-seen images from inside the makeshift negotiation room have been obtained by 7 News, revealing how police planned to make the Lindt cafe gunman surrender.

At the New South Wales Leagues Club, located next door to the Lindt Cafe, negotiators scribbled down a "surrender plan" on a business card for gunman Man Haron Monis.

Read more [HERE]