End Notes 1 JFor present purposes I define power as the ability of a party to achieve their desired negotiation outcome. 2 Substantive power imbalances may be a reason, however, why a party does not choose to participate in mediation. 3 Party A’s strong legal arguments will however inform her decision making as to whether or not it is better to proceed to court rather than settle. 4 Unbeknownst to her, she will however have power to some extent, because it will inform party B’s decision as to whether to settle or proceed to court.
ABOUT THE AUTHOR
Nigel Dunlop
Nigel Dunlop is a barrister with 40 years of legal experience whose past specialties included family and criminal law. Nowadays he sits on a range of statutory complaint, adjudication and appeal bodies, having been appointed by the Governor General, Ministers and the Retirement Commissioner. He also mediates a wide range of disputes and undertakes workplace investigations. He is also available as an arbitrator. He is Nelson based but works throughout New Zealand. works, roads and drainage, water, bridges, tunnel and highway sectors.
Nigel has mediated some 700 disputes of many kinds involving thousands of parties. He is the author of the online module about Family Dispute Resolution for a major legal publisher. He has had many articles about Family Dispute Resolution published in legal journals. He was involved in the training of mediators in readiness for the advent of Family Dispute Resolution, and appeared before the Justice select committee to give evidence about Family Dispute Resolution.
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