Tools from a Mediator’s tool-box; Reflections on Matrimonial Property Disputes

John Wade, Dispute Resolution Centre, Bond University

Document Type

Abstract

This article comments upon eight practices used in matrimonial property mediations or negotiation conferences. These are: (1) Requiring written ranges of outcomes to be specified before a meeting occurs; (2) Systematically enlisting the aid of lawyers and valuers by a series of diagnostic questions; (3) Distinguishing primary and secondary causes of conflict; (4) The one day model of mediation meeting; (5) Using a visual aid to identify the possible benefits of early or late settlements; (6) Standardising issues on a whiteboard; (7) The use of conditional linked bargaining; (8) The common scenario of parties stonewalling at alternative ends of the range.