In the midst of the cancellation of events, potential school closures, self isolation and quarantine periods, it is understandable that you or your clients may have concerns. However, don’t assume your only option is to cancel any mediations already arranged, or delay arranging future mediations. For many claimants the day has been a long time coming […]
Over February and March I have been running training seminars on getting the most out of a mediation. Most people agree that mediation is an effective form of alternative dispute resolution that often leads to settlement on the day, or shortly thereafter. However, when talking about frustrations in preparing for mediation a few common themes […]
It contains gems of information for the well prepared mediator: providing insight on the potential psychological factors at play and enabling the mediator to get a head start on creating the right environment for resolution 1. Identify potential roadblocks – often the parties statements or expert reports contain information that is a red flag for […]
Why? Because it indicates that there is more work to be done before fruitful discussions can take place. As discussed in my last post, feeling as though you have been heard and understood ties into our self esteem and concept of self. If someone does not feel heard, the likely impact is that they will […]
Conflict fundamentally involves a breakdown in communications; therefore, it goes without saying that psychological factors will always be at play in any negotiation. As outlined in the first post in this series, it is highly unlikely that a shift in the attitude of parties in dispute will be achieved solely through black letter rational argument. […]
A lot actually ….. Many of you know that I studied psychology before I studied law. I’m not a psychologist, nor have I practiced as a psychologist, but I have always been intensely interested in the intersection of law and psychology. It is a significant driver in why I have focussed my mediation practice […]
They are both using skills that seek to reduce the impact of negative emotions that have derailed someone’s ability to think rationally. Both parties to a dispute usually have fairly strong views on the strength of their claim, both in terms of liability and quantum, and it may seem that the prospects of them […]
A significant predictor as to the success of mediation or other forms of settlement negotiations is the extent to which both parties listen to each other and understand each other’s needs and interests. Many of us think we are good listeners but, in reality, our self-assessment is unlikely to be accurate. An assessment by Jack […]
The plaintiff walked into the conference room, a middle-aged person that appeared as a child carrying the weight of the world on their shoulders. Yet, encouraged by a support person and an attentive lawyer, the plaintiff able to share details about the impact that years of abuse by an authority figure had had on them. […]
“Language is the currency through which we trade our thoughts and expressions and maintain our relationships with our family and friends and other members of society … arguably then, the language in which we frame our thoughts, fears and aspirations and how we communicate those things should play an important role in our management of […]
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