Do you have a dispute that needs addressing? Or is one brewing? Have you got to have a difficult conversation with a contractual counterpart? Our advice is not to wait; we believe that now is the time to have those conversations and here are our 5 reasons why:
Lockdown has got me thinking about fairness, or more accurately, unfairness. As a society we are – mostly – pulling together, accepting that Covid-19 isn’t fair but getting on with life anyway...
We have all grown up with the belief and indeed desire that ADR, particularly mediation, should be an entirely voluntary process. The idea that a party can be dragged to a meeting to try to settle a case has generally been seen as likely to be unproductive, to increase cost and, quite possibly...
By now you will no doubt have received numerous e-publications extolling the benefits of working online or remotely. Given the current Covid-19 situation, the case for remote working has been made out and, of course, it applies equally to mediation – parties simply have no choice but to mediat...
Picture the scene. Two opposing parties come face to face at the beginning of a day of mediation. They’re stressed, anxious and feeling combative. Suddenly, their eyes spot a friendly-looking dog in the corner of the room and without thinking they both walk over and stroke it. Suddenly, they f...
All of our mediators are fully trained and available to mediate in person or remotely.
In order to allow life to go on as near normal as possible, we are using a sophisticated video conferencing platform (Zoom) for remote mediations. Although our mediators would normally prefer to mediate face-to-face this is proving a very satisfactory alternative, without diminishing the chanc...
Dear All,
These days, I seem to be saying this a lot. Not out loud, but in my head. It seems nobody wants to have a conversation on the phone anymore. It’s all texts and emails. And, worryingly, this pervasive trend is seeping into the world of mediation.
Mediation in insolvency is on the increase. Not quite on the scale of say, the U.S. (for instance, hundreds of mediations arose out of Lehman Brothers Chapter 11 proceedings alone), but an increase nonetheless. And almost anything can be mediated, claims by trustees in bankruptcy seeking to ...
In our modern age of fluidity, one wonders whether the question – ‘Are you a facilitative or evaluative mediator?’ – is pertinent anymore. Must a mediator identify with one or the other? Can a mediator worth his salt not be both?
Of course this telephone call never happened. But what mediator wouldn’t have imagined themselves at such an extraordinary and unprecedented summit? The case would have been markedly different to the usual sort of family dispute our mediators deal with. In fact ‘dispute’ would have been to...