Effective use of shuttle in mediation, conciliation and complaint handling

with Deborah Clapshaw, Nic Scampion, Stephanie Newton and Edward Hardie

This workshop will offer a ‘deep dive’ on the effective use of shuttle negotiation/mediation for both mediators and complaint handlers/conciliators, considering amongst other things:

  • reasons to use shuttle
  • contexts where shuttle is used
  • shuttle negotiation as part of a facilitative mediation
  • managing the dynamics
  • potential influence of mediator bias
  • the pros and cons of being a message bearer
  • how to keep the message clear
  • mediator /early resolver input into the message
  • conveying substantive content versus emotions
  • how do we meet our obligations of confidentiality to each party whilst trying to do our best to broker a deal or agreement of some kind between the parties

Deborah Clapshaw
Barrister and Mediator

Deborah is an Auckland barrister with 40 years’ experience in dispute resolution. She has spent the last 28 years practising as a mediator and facilitator. She is recognized by Who’s Who as one of the world’s leading mediators and was named in NBR and Lawfuel as in the top 10 commercial and family mediators in New Zealand in 2014, 2016 and 2019.

She taught Mediation at Auckland University Law School for 10 years and sat as a member of the Human Rights Review Tribunal from 2003 until 2010 and as Chair of the State Housing Appeal Authority from 2012 to 2017. She is a member of the Auckland Council Code of Conduct Review Panel.

She is on a number of mediation panels, including the Weathertight Homes Resolution Service, the Domain Names Commission and the GCCRS (Christchurch earthquake facilitations) panel.

She was an Invited Fellow of the International Academy of Mediators, a Fellow, Disciplinary Tribunal and Mediation Panel member of AMINZ, an assessor for FDR providers for AMINZ , an accreditation assessor, Advanced Panel and previous Board member of the Resolution Institute.

Full details: www.deborahclapshaw.co.nz

Nic Scampion
Barrister and Mediator

Nic is a barrister (Shortland Chambers, Auckland and Tanfield Chambers London) and mediator. He trained as a mediator with CEDR in London and was accredited in 2009.

Nic has been appointed to national mediation panels and has been engaged by a variety of clients in a variety of disputes. His interest is primarily commercial mediation.

Full details are at: http://www.shortlandchambers.co.nz/barristers/nic-scampion and https://www.nicscampionmediation.com.

Stephanie Newton
Case management team leader
Financial Services Complaints Ltd

Stephanie manages Financial Services Complaints Ltd (FSCL) case management team in their investigations of complaints across various financial services including insurance, financial advice, consumer credit, KiwiSaver, and trustee services. Stephanie assists parties to a complaint in reaching a mutually satisfactory resolution (conciliation), and where a decision is required, gathers information and drafts decisions for FSCL’s CEO’s review.

Stephanie regularly presents training seminars to FSCL participants and consumer groups on topical issues affecting financial services, and about how to recognise and deal effectively with complaints. She also oversees FSCL’s submissions timetable on relevant regulatory and legislative change.

After gaining her law and history degrees from the University of Canterbury, Stephanie worked as a family law solicitor for two years in Invercargill, followed by two years in Cardiff, Wales, working in a legal assistant/support role. Stephanie moved to Wellington and joined FSCL’s team in 2013 and is an accredited mediator through the Resolution Institute.

Edward Hardie
Early Resolution Officer
Employment Services
Ministry of Business, Innovation and Employment

Edward is a founding member of the Early Resolution service at MBIE. After graduating from Victoria University of Wellington in 2019, he spent some time at the MBIE Service Centre on the Employment line before joining the Early Resolution team.

The Early Resolution team was set up in 2020 in response to Covid-19 related employment issues and now assists employers and employees with a wide range of employment disputes.

The Early Resolution process is entirely shuttle style, is phone based and is a highly successful service. Edward has been an active part of bringing the vision of Early Resolution at MBIE to life.