accreditations & partnerships
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It's not always easy for private client lawyers to hold the balance when the families they represent fall out. Andrew Hildebrand discusses the various ways a mediator can help families find their way through the mire of disagreement and recrimination.
Mediators will generally agree that a principled approach to negotiation, where a careful analysis of the respective merits informs the attempts to find a sensible compromise, is likely to be more successful in achieving settlement than a positional approach, where a party refuses to engage in s...
Amanda looks at how to demonstrate a track record, marketing yourself to your chosen sectors and developing a reputation for something unique.
Mark Jackson-Stops provides advice to solicitors on preparation for mediation, how they should prepare their clients and what their role might be in the mediation itself.
As every litigation lawyer knows, drafting a settlement agreement or consent order at the end of a successful mediation can be exhausting. Energy levels are low and it can be a struggle to concentrate. But this is the most important part of the process because nothing is binding until the docume...
Pre-thinking the Settlement Agreement As every litigation lawyer knows, drafting a settlement agreement or consent order at the end of a successful mediation can be exhausting. Energy levels are low and it can be a struggle to concentrate. But this is the most important part of the process beca...
Mediation is a process of discovery, and a key aim is to discover whether the other party really wishes to settle and, if so, at what price. Is the opposing party genuinely coming to the mediation with a view to settle, and how should we shape our negotiating strategy?
Not surprisingly, once a deal in principle has been agreed, scope of settlement discussions tend to focus on the agreement giving rise to the dispute. All and any claims etc. Where there are other agreements between the parties, they may also agree to settle all claims arising out of those, ...
Today, 9th March 2015, could mark the beginning of the end of the litigious approach to the resolution of disputes.
I recall that mediation in the UK started in the 1990s with a period when those setting up mediations began by choosing the mediator and then involved the mediator from the early stages. It hit a phase in the last decade when the choice of the mediator became entirely secondary to the fixing of...
In a recent dispute between commercial trading companies, the defendant was able to produce evidence of a market tender at the time of the disputed events to adjust significantly the claimant’s expectations. The claimed losses were brought into proper perspective and settlement was reached.
A mediation can be made more effective by approaching it as a process not just a one-off event. Preparation before the event and follow-up afterwards can make a big difference to the outcome.