accreditations & partnerships
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A recent employment mediation I conducted transitioned into a workplace mediation and successfully settled - but not before one of the lawyers said of the process: “That’s not how I was trained”.
Andrew Hildebrand, who has a particular expertise in mediating disputes in the entertainment industry, has recently published an article in The Chartered Institute of Arbitrator's magazine
High levels of emotion, for example in boundary disputes between neighbours, or inheritance disputes within families, can cause rationality to fly out of the window. How often have I marvelled (despaired!) at the last 5cm strip of land standing in the way of resolution of a boundary dispute, or ...
In helping parties to resolve their differences, an effective mediator needs to give attention both to issues and relationships. While the content of the dispute, whether war or widgets, is plainly critical, so is how those involved understand one another.
Welcome to "your world"?
The property sector is never short of a dispute. Here Mark Jackson-Stops gives an example of the type of dispute which he has helped settle.
What do you do when you have a dispute and the real problem is that the other side won’t stop litigating? Your client wants to stop the dispute, but ‘they’ won’t let them. And your client is manacled to them.
Should mediation feature in cases such as this? The Judge clearly thought so.
Having read into the papers, a mediator will normally wish to speak to each party’s solicitor or counsel before the mediation day to garner as much knowledge about the background to the case as will allow him/her to hit the ground running on the day.
...but not of the cocktails and canapé variety - or at least not this time. Rebecca Clark, outlines the importance of why, as the mediator, she makes it a priority in her mediation preparation to try to speak to the client.
One question that I am often asked is "How do I break deadlock in a mediation?"