22/08/2026
๐ ๐๐ซ๐๐ฉ๐๐ซ๐ข๐ง๐ ๐ญ๐ก๐ ๐ง๐๐ฑ๐ญ ๐ ๐๐ง๐๐ซ๐๐ญ๐ข๐จ๐ง ๐จ๐ ๐ฅ๐๐ฐ๐ฒ๐๐ซ๐ฌ ๐๐จ๐ซ ๐ ๐๐ก๐๐ง๐ ๐ข๐ง๐ ๐๐ข๐ฌ๐ฉ๐ฎ๐ญ๐-๐ซ๐๐ฌ๐จ๐ฅ๐ฎ๐ญ๐ข๐จ๐ง ๐ฅ๐๐ง๐๐ฌ๐๐๐ฉ๐ ๐ข๐ง ๐
๐ข๐ฃ๐ข.
We had the privilege of spending Wednesday morning with the University of the South Pacificโs Professional Diploma in Legal Practice (PDLP) students at Statham Campus, delivering a guest lecture on Negotiation Skills and Alternative Dispute Resolution (ADR).
Rather than approaching ADR simply as another area of legal theory, I wanted the students to consider a more practical question:
๐๐ก๐๐ญ ๐๐จ๐๐ฌ ๐ ๐๐จ๐ฆ๐ฉ๐๐ญ๐๐ง๐ญ ๐ฆ๐จ๐๐๐ซ๐ง ๐ฌ๐จ๐ฅ๐ข๐๐ข๐ญ๐จ๐ซ ๐๐๐ญ๐ฎ๐๐ฅ๐ฅ๐ฒ ๐๐จ ๐ฐ๐ก๐๐ง ๐ ๐๐ฅ๐ข๐๐ง๐ญ ๐ฐ๐๐ฅ๐ค๐ฌ ๐ญ๐ก๐ซ๐จ๐ฎ๐ ๐ก ๐ญ๐ก๐ ๐๐จ๐จ๐ซ ๐ฐ๐ข๐ญ๐ก ๐ ๐๐ข๐ฌ๐ฉ๐ฎ๐ญ๐?
Litigation will always have an important place in our justice system. But commencing proceedings should not automatically be the first measure of good lawyering. We explored negotiation preparation, positions versus interests, BATNA/WATNA, mediation and other dispute-resolution pathways, reality testing, the lawyerโs role before, during and after mediation, and the importance of translating a negotiated outcome into a clear and enforceable settlement.
As the session formed part of the Wills and Estate Skills and Practice module, we also worked through a practical family estate dispute and challenged the students to identify the partiesโ positions, uncover their underlying interests, assess their alternatives and develop possible settlement options before resorting to litigation.
We also took the opportunity to brief the students on the ongoing reform of Fijiโs civil procedure framework by the Law Reform Commission, including the review of the High Court and Magistrates Court Acts and Rules and the consideration being given to a significantly greater role for mediation in civil dispute resolution.
That reform conversation is particularly important for lawyers entering practice now. The legal profession must be prepared for a justice system in which effective case management, early dispute resolution and mediation may become increasingly central to civil practice.
My thanks to Ms Sima Chand and the The University of the South Pacific PDLP Programme for the invitation, and to the students for an engaging and interactive session.
We finished with a message that reflects much of what we try to promote through Mediation Pacific:
๐๐๐จ๐ญ ๐๐ฏ๐๐ซ๐ฒ ๐๐ข๐ฌ๐ฉ๐ฎ๐ญ๐ ๐ง๐๐๐๐ฌ ๐ ๐ฃ๐ฎ๐๐ ๐ฆ๐๐ง๐ญ.
๐๐๐จ๐ญ ๐๐ฏ๐๐ซ๐ฒ ๐๐ข๐ฌ๐๐ ๐ซ๐๐๐ฆ๐๐ง๐ญ ๐ง๐๐๐๐ฌ ๐ ๐ฐ๐ข๐ง๐ง๐๐ซ ๐๐ง๐ ๐ ๐ฅ๐จ๐ฌ๐๐ซ.
๐๐ ๐ ๐จ๐จ๐ ๐ฅ๐๐ฐ๐ฒ๐๐ซ ๐ค๐ง๐จ๐ฐ๐ฌ ๐ญ๐ก๐ ๐ฅ๐๐ฐ.
๐๐ ๐ ๐ซ๐๐๐ญ ๐ฅ๐๐ฐ๐ฒ๐๐ซ ๐ค๐ง๐จ๐ฐ๐ฌ ๐ก๐จ๐ฐ ๐ญ๐จ ๐ฎ๐ฌ๐ ๐ข๐ญ ๐ญ๐จ ๐ฌ๐จ๐ฅ๐ฏ๐ ๐ฉ๐ซ๐จ๐๐ฅ๐๐ฆ๐ฌ.
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