Believing all that you hear in a mediation is a recipe for disaster.
Protocol correspondence has failed to narrow the issues in a professional negligence claim. Quantum has increased just before mediation from £1.2m to around £2.5m, based on an unsigned and as yet unconvincing accountant’s report. Defendants can see some slight risk on breach of duty but cons...
Charles Gordon summarises the findings from CEDR's 8th biannual Mediation Audit
If mediation were a form of music, it could be jazz.
Getting the other side to agree to mediate is often half the battle. How you phrase the request can be key but if you feel that your client is generally more likely to benefit from mediating, why leave it until they are in a dispute? Why not stipulate it as the default position in a contract? Th...
Consider this: an architect’s negligence claim brought by a householder following months of disruption resulting from a failed extension project allegedly due to defective design. Neither the architect nor his professional indemnity insurer are present at mediation; the only attendee from thei...
"What the mediation world needs, is mediation" - Rebecca Clark posts from the ALL Mediation Conference hosted by the Civil Mediation Conference on 23 May 2018.
Alistair Pye considers the power of mediation in allowing people to come together and resolve their disputes in a way that rebuilds broken relationships. Alistair has been described as a "magician" by previous clients - he is a very experienced and in-demand mediator.
We are more likely to say yes to people we like, or so claims Robert Cialdini in his work, “Influence - The Psychology of Persuasion”. It is perhaps common sense - after all it explains the “good cop, bad cop” interrogation techniques employed by detectives on a regular basis (or so the ...
I’ve been mediating for 10 years (4 of those full-time) and it’s been my privilege to have mediated well over 400 civil disputes of all shapes and sizes. I love the job; it’s a far cry from sitting at my desk or appearing in court fighting my clients’ corner – something I’ve done for...
Standing on the edge of a glacier with Bruno, our guide (and philosopher), we were looking across at the steep, steep face of the opposite hillside where, in the far distance we could make out the ant-like figures of half a dozen intrepid ski tourers using skins on their skis to make the ascent ...
As many 6 Nations rugby supporters will attest, a well executed set piece can be a thing of beauty to behold.