Mediation of Litigated Claims – (Facilitated Negotiation):
- Be Prepared: 5 Key Things About Mediation
- Information Brochure re Personal Injury Damages Claims – Mediation Handbook
- Redress Claims and the Power of an Apology – (reproduced with kind permission of ALA) December 2019
- Writing a Stand-out Position Paper and Checklist – September 2021
- Position Statements and Joint Opening – Thinking About Your Approach
- Mediation v ISC and the optimum time for settlement – 20 minute video with Benchmark 2017/2018
- Mediation v Informal Settlement Conference – written support paper to video looking at the economic argument
- 3 Reasons why Mediations are often more successful than Informal Settlement Conferences
- How to Get Mediation Right: My Top 8 Tips
- Making the Most of Mediation – A Comprehensive Guide
- Mediation of Litigated Claims for Personal Injury – A Plaintiff’s Perspective – PDF
- Law and Neuroscience – a Question for Mediations in Medical Negligence Claims – PDF
- Why Sir Laurence Street was such an effective Mediator – PDF
Expert Witness Conclaves:
- Getting a Better Joint Expert Report, by Karen Stott & Kerry Hogan-Ross, March 2020 – 1 hour presentation & discussion and powerpoint slides
- Conclaves from the Facilitator Viewpoint – BenchTV interview with Richard Weinstein SC, December 2018https://benchtv.com.au/richard-weinstein/
- Thanks to Australian Medico-Legal College: Dr Ron Sekel and Karen Stott discuss tips for expert witnesses 2018
- http://5 Tips and Observations when Preparing for Expert Conclaveshttps://adrmediation.com.au/wp-content/uploads/2018/12/5-Tips-and-Observations-re-Expert-Conclaves.pdf
Good Communication and Open Disclosure in Healthcare:
- The Value of Open Disclosure in Healthcare – PDF
- The Do’s and Don’ts of Open Disclosure – A Recent Experience, (May 2017)
- Podcast for the Australian Dental Association, July 2017 on Empathy, open Disclosure and Avoiding Complaints
Mediations in the Workplace:
- Information for Employees Participating in a Workplace Mediation – Workplace Mediations
- The Value of Workplace Mediations and When to Offer Them
- Resolution Institute Model of Mediation
Mediation and Negotiation in General:
- Recommended – Reading for Mediation, Negotiation and Communication Skills
- Who is a Mediator? – Mediators are all Around Us
Seminar Papers:
- March 2018: Medico-Legal Society NSW – Complaints and How to Avoid Them: The Synergies in Both Professions
- Managing Client Expectations – Law Society Professional Development Series, December 2017
- Mediation: Understanding What Motivates a Plaintiff – CPD Seminar Paper delivered to the NSW Claims Discussion Group, May 2017
Mediation Standards and Tools:
- NMAS National Mediator Accreditation Standards – PDF
- Resolution Institute Mediator Code of Ethics – PDF
- Resolution Institute – Standard Mediation Agreement – DOC
- Karen Stott “Mediation Protocol” 2022 – (in accordance with NMAS and Law Society NSW standard terms)
- Karen Stott Terms of Retainer re Joint Expert Witness Conclaves 2022
Useful Websites & Links:
- NSW Summary of statutory provisions regarding Mediation
- NSW Civil Procedure Act 2005 re Mediation
- Supreme Court NSW Practice Note Re Joint Conferences of Expert Witnesses
- UCPR NSW – Expert Witness Code of Conduct
- Ombudsman NSW – Apologies: A Practical Guide
- Australian Commission on Safety and Quality in Health Care – Open Disclosure
- Resolution Institute website
- Australian Disputes Centre website
- Aust Government Attorney General’s Department re Dispute Resolution (and NADRAC publications)
- The Australian Dispute Resolution Advisory Council (ADRAC) website
