Deborah Clapshaw named in Lawfuel’s top 10 Mediators 2019

Deborah makes LawFuel's 'Power List' of mediators, again!   "Having over 1700 mediations completed, Deborah Clapshaw’s experience and mediation success is unquestioned. Her mediation career, commenced in 1994 and she has handled mediations ranging from domestic and relationship issues to commercial and civil disputes. She is on a range of statutory panels including those dealing with leaky buildings, health and disability issues, domain names."   Lawfuel's Mediator Power List article says professional Mediation is a growing field "Just as the wheels of justice grind slowly – and expensively – the growth of mediation as a fast and less expensive method of obtaining satisfaction for disputes has grown rapidly. Even at...

Creating wellbeing through resolving commercial disputes

In discussions about commercial mediation the relationship and the emotional dynamic between the parties is often understated and under explored.  This article  “Creating  well being through resolving commercial  disputes" by Denise Evans – Principal, Dispute Resolution of Fairway focuses specifically on the relationship, the expectation each party had of each other and the importance of party accountability and decision making in commercial mediation. Swiftly and effectively resolving commercial disputes is in everyone’s best interest, both in terms of economic and social wellbeing. It is widely known that conflict can take a physical, emotional and financial toll, if not managed properly. In...

Reflecting on: Tammy Lemski- Weaving the narrative of a conflict.

Tammy Lenski is one of my favourite mediation bloggers and this is a wonderful reflection of hers on conflict narratives and how they are constructed. She talks about conflict taking root in the space between our narrative about what happened and the other person's narrative. The article talks about Elizabeth Gilbert's book tour of Eat, Pray, Love and an experience with a fan. One way of understanding conflict resolution is the act of weaving a new joint narrative, one that includes the most valuable threads in each story. Read the article here. ...

Using your emotional intelligence to advantage in mediation

Sandy Hollis and Deborah Clapshaw Peter Adler1 uses a metaphor about surfing to demonstrate how the more we know, the more aware we become of how little we know and how much more we need to know. He describes four stages of skill development‐ unconscious incompetence, conscious incompetence, conscious competence and unconscious competence and applies it to the challenge of riding waves. As he notes, the metaphor and the pathway to mastery apply to most things in life. Lawyers have crossed the great divide from courtroom advocacy to mediation advocacy with enthusiasm and in some cases real sensitivity to the demands of the new forum. There is however a further...

Restorative Justice in Resource Management Prosecutions – a Facilitator’s Perspective

I have been puzzled for some time about the reasons for the slow uptake in the use of restorative justice in resource management prosecutions. The judiciary advocates its use, Judge McElrea in particular publishes regularly on its value, there is a statutory obligation under the Victims Rights Act 2002 for defence counsel and prosecutors to consider its use and conference participants enthuse about it. Yet despite the fact that over 80% of defendants in resource management prosecutions plead guilty, nationally there were only six restorative justice conferences in the period July 2001 to April 2005 and thirteen in the period May 2005 to June 2008. During these...