accreditations & partnerships
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Disputes often create ever more detail and peripheral issues as the parties (or lawyers) delve deeper into the rights and wrongs, applicable law and likely risks. What mediation can do is to help the decision-makers drag themselves out of the detail and into the big picture.
Know your negotiating partner
Several members of In Place of Strife The Mediation Chambers acted pro bono as judges and mediators at the International Chamber of Commerce’s 2012 International Mediation Competition in Paris in February. Sixty-six university teams came from all over the world in a test of written and oral ad...
Jonathan Ross, Head of Property Litigation at Forsters LLP writes on the particular advantages of mediation in neighbour disputes.
What should you send the mediator to read in advance of the mediation? Not a trial bundle which contains all relevant documentation. It should be as little as you think necessary for the mediator to be of value to the parties. Don’t hesitate to liaise with the mediator if in doubt.
Don’t delay difficult news on costs (or anything else!)
In a workplace setting disputes can very quickly escalate and both parties can find effective communication difficult. Mediation can cut through these problems by providing a way in which proper communication can be restored.
I wonder how often people consider options other than the one-day format for mediation or think to consult the mediator they have in mind about what those options and benefits might be?
Many legal representatives (and perhaps some mediators) arrive at mediation and simply ‘want to get on with it’. There is a great temptation to dispense with the round table meeting at the start of the mediation in the name of ‘momentum’ or avoiding unpleasant exchanges. However, it pays...
The Position Paper has two main functions:
Mediators frequently encounter parties who see the other side as being the sole cause of all life’s misfortunes. A dispute between the parties can escalate to the point where it dominates their lives. The other side becomes the sole reason for wasted management and/or personal time, emotional ...
Mark Jackson-Stops, Head of Chambers, writes: