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Greg Rooney

Mediator

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Posted By Greg Rooney 20-06-2022 06:18 PM
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Thank you Amber, David and Peter for your comments One of the reasons for producing the video was to demonstrate how you can use a facilitative joint session approach to mediate a hard positional bargaining commercial dispute where the parties are stuck far apart. The problem with the legal profession ...
Posted By Greg Rooney 16-06-2022 09:35 PM
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Thanks Peter for your comments and reflections. You have to take the parties as you find them not where you would like them to be. You start at that point and work forward step-by-step. It's all about the flow and the dance. Most of the work was done in the two intake sessions where I found each sides ...
Posted By Greg Rooney 12-06-2022 09:55 PM
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Observing a Mediation, Greg Rooney Mediator. The Tennis Club Lease This YouTube video is a recreation of a mediation I conducted with actors playing the part of the parties and their lawyers. It represents what happened on the day. It is an opportunity to observe a mediation based on real events and ...
Posted By Greg Rooney 23-05-2022 11:34 AM
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Hi David I am not suggesting that the legal profession stop pursuing mediation as a legitimate part of legal practice. I would encourage the legal community to still persist with mediation. But I sense what is really happening is that the profession is trying to colonise it rather than embrace it. ...
Posted By Greg Rooney 19-05-2022 02:53 PM
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HI Archie, Thank you for your comments The law is coming out of centuries of practicing the de-humanising approach to dispensing justice. Mediation has opened the door to a more human centered approach. Some lawyers can do it but it will take generations for real change.. All i am suggesting is that ...
Posted By Greg Rooney 18-05-2022 11:26 AM
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It's time for mediation to claim its place as a stand-alone profession freed from being just an alternative to the law and adversarial litigation. Let the legal profession find its own way of engaging in our modern disruptive world. Let it continue alone healing its dehumanised adversarial culture ...
Posted By Greg Rooney 06-05-2022 03:48 PM
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Thank you Nina, Colin, Alana, Geri, Jessica, Christopher and Anna for your comments on the art of the simple in mediation. I agree with Anna that we should continue this discourse on the intangible aspects of practice. How about a mediation conference or a colloquium? It would be great to get our ...
Posted By Greg Rooney 02-05-2022 03:46 PM
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I have no idea what I will do when I go to mediate a matter. After 30 years of practice the only thing I know is that the parties are stuck and if they have lawyers, the lawyers are stuck. I don't have a toolbox of skills, insightful questions, or any mediation theory that I bring to the room. I have ...
Posted By Greg Rooney 07-02-2022 10:33 AM
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MEDIATION IS ABOUT NECESSARY ENDINGS Every ending is just a new beginning. We just don't know it at the time. Each mediation, in its own way, is a microcosm of that death/rebirth flow cycle. Mediators work in the flow of life particularly focused at its tipping point. The ability of the ...
Posted By Greg Rooney 19-07-2021 02:06 PM
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Although this appears to be one of those frustrating definitional debates there is a serious underlying principle we are traversing. I take the view that litigation, arbitration, expert determination, dispute boards, adjudication, referee, mini-trial and other determinative processes are all the same ...
Posted By Greg Rooney 19-07-2021 11:51 AM
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Although this appears to be one of those frustrating definitional debates there is a serious underlying principle we are traversing. I take the view that litigation, arbitration, expert determination, dispute boards, adjudication, referee, mini-trial and other determinative processes are all the same ...
Posted By Greg Rooney 17-07-2021 09:51 PM
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I suggest that determinative processes are more to do with resolution whereas the non determinative processes are about evolution. The latter are a genuine alternative to traditional litigation and it's little brother arbitration. In a complex post industrial world where the connections between ...
Posted By Greg Rooney 23-03-2021 04:53 PM
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There are two parts to the definition of 'alternative". (of one or more things) available as another possibility or choice. 2. relating to activities that depart from or challenge traditional norms. Arbitration certainly meets the first part of the definition of 'alternative' in that ...
Posted By Greg Rooney 22-03-2021 07:12 PM
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Hi Tess Two federal circuit court judges in the Adelaide registry refer matters in their list to each other for judicial mediation conferences. During Covid they were called judicial assessment conferences. Two sitting South Australian Supreme Court Judges/Masters conduct in-house mediation particularly ...
Posted By Greg Rooney 22-03-2021 04:53 PM
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ADR and the word 'alternative' can mean whatever you want it to mean. For the legal profession ADR often means Alarming Drop in Revenue and for the judiciary Alarming Drop in Relevance. ADR /Mediation has certainly shaken up the Centuries-old litigious dispute resolution model. It is now a mere ...
Posted By Greg Rooney 22-03-2021 08:20 AM
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The United Nations Convention on International Settlement Agreements Resulting from Mediation - The Singapore Convention - defines 'mediation' as any process whatever it's called (and that includes conciliation, facilitation, restorative justice and all other descriptors) that does not impose a solution. ...
Posted By Greg Rooney 26-11-2020 03:55 PM
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I agree Nicole. The intake meeting provides a deep understanding of the parties and where they are on the emotional scale. It has far more value for the mediator than anything gleaned in a private caucus during the mediation. The intake session is pure gold for the mediator. I am really astonished ...
Posted By Greg Rooney 26-11-2020 03:38 PM
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Thanks David. I am preparing a paper on the topic which I will publish in mediate.com Will send you a draft. Regards Greg ------------------------------ Greg Rooney Greg Rooney Mediator Bridgewater SA 0405 612 789 ------------------------------
Posted By Greg Rooney 25-11-2020 07:58 AM
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Hi David this Ted talk is a good analysis of the conductor orchestra relationship regards Greg Itay Talgam: Lead like the great conductors TED remove preview Itay Talgam: Lead like the great conductors An orchestra conductor faces the ultimate leadership ...
Posted By Greg Rooney 24-11-2020 05:59 PM
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Generally, parties negotiate from an intellectual position but often make that final last compromise to let go on an emotional plane. In family law cases the opposite can apply with parties negotiating on the emotional plane with the final last compromise coming from accepting a rational option. ...