One of the key advantages of a mediation over litigation is that anything is possible in the settlement negotiations so we should always be prepared to think outside the box. A mediation is conducive to creating an environment for parties to be innovative and to do that they need to come open ...
The games people play.
Working it out - the benefits of mediation in family disputes Does mediation mean much to the private client solicitor? How often is it used as a tool for providng the best service to private clients?
The 'chain of pain' - the escalation of, for example, the poor functioning of a relationship into a full blown dispute where battle lines are drawn by lawyers - is something that is far too familiar to many organisations and individuals.
Mediators often hear the opinion that the plenary session is a waste of time. Each party knows its case, there is no point in verbally repeating the position statements and “warm words” are unnecessary. In other words, it’s private rooms and shuttle diplomacy - “let’s get on with the n...
Many years ago I attended a workshop on “Inquiry as Intervention”. One of the teachings from that workshop which has stuck with me is that “A good question is a gift to the recipient.” Asking difficult or challenging questions with that intention often defuses the potential sting. Recent...
Andrew Hildebrand discusses the benefits of mediation in circumstances where, for example, family issues might be intertwined with commercial interests or a dispute with a business partner might involve personal relationships as well.
It is not often that co-mediation is considered by parties seeking to mediate a dispute but Jon Lang & Denise O'Connor explain the circumstances when consideration should be given to employing a pair of mediators in order to give the parties the best chance possible of settling their dispute.
...then I'll begin!
Have you noticed how smartphones and emails have massively reduced the number of voice calls? Train carriages are quieter as people text and email. In offices, this is reflected in greater use of email and a reluctance to pick up the phone. Who wants to be bothered with telephone ping pong whe...
With the best will – and through no fault – of all concerned, the resolution of a commercial dispute may take two bites of the mediation apple. What considerations should the parties prioritise in preparing for a second mediation, involving a different mediator?