accreditations & partnerships
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Consider taking a laptop or memory stick to the mediation with a draft settlement agreement (obviously with blanks in the critical parts). Many people shy away from doing this on the basis that it “tempts Providence”.On the contrary, I believe it has real merit in that it focuses your team o...
Joanne Claypole, Practice manager at In Place of Strife, argues for dispute resolution solicitors to put their faith in the mediation service provider.
It’s about time!
The 2010 Conference topic "Creating confidence in mediators and the process" contains some implicit assumptions and raises important issues for consideration. f one encountered a conference topic entitled "Creating confidence in lawyers and the legal process" one might well assume that there was...
Sometimes your opposition’s approach to mediation will be driven by a key perception or a lens through which all information about your case is filtered. These key perceptions vary from conspiracy theories to understandable misreading of documents and can be held by opposition lawyers, clients...
When preparing for a mediation a short time spent on looking at the interests and blocks on both sides can help clients to understand how they can best answer the inevitable questions. Assessing and exploring what the other side's needs might be and identifying potential blocks arising from thos...
Whether it is face to face or through the mediator, packaging can make a big - sometimes crucial - difference.
It pays to warn your counter party(ies) in advance of the team you propose to field at the mediation. Claimants in a professional negligence case recently waited until after 6pm the day before the mediation to tell me that they were also bringing Counsel and a witness of fact. The first the Defe...
No. Mediation is an opportunity to canvass all types of case. It provides a format to explore the arguments and to coax an opponent with weak arguments towards a settlement which reflects the strength of the case against it.
My friend, Ralph O Williams III, is a very busy mediator in Los Angeles. I was particularly taken by this tip which he sent me, because it so admirably articulates what I often find myself suggesting to parties who need assistance with negotiation strategy.
Lee Jay provides some useful pointers to the importance of choosing the right mediator
When planning negotiation strategy, keep in mind the reciprocation you expect from the other side. It is well known that courteous behaviour is more likely to be met with courtesy, angry behaviour with anger or stubbornness.