Hybrid mediations – are they as effective?

Category: Mediation skills – on the day

Hybrid mediations – are they as effective?

Hybrid mediations – are they as effective?

It’s hard to believe that it’s been over two years since the start of the Covid 19 pandemic.  In 2020, there was such a frantic scramble to get on top of unfamiliar technology and find new ways to work so that mediations could continue.  Fast forward to mid-2022 and it’s probably fair to say that […]

Unlocking horns…….Breaking the Impasse

Unlocking horns…….Breaking the Impasse

Have you ever been stuck in a mediation where the parties have reached an impasse, it feels like it’s going nowhere, and a resolution seems impossible? There are a few reasons why this can happen, and understanding these reasons and knowing how to overcome them can help to break the impasse. The great divide An […]

The Three Stages of a Successful Negotiation 

The Three Stages of a Successful Negotiation 

Negotiating the resolution of a matter at mediation isn’t always easy.  There is so much at play – different views of the facts; conflict between the parties; resentment; anger; hurt and often the feeling that nobody is really going to “win”.  There is no magic answer to what makes a successful negotiation, but there are […]

Three key features of an effective opening statement

Three key features of an effective opening statement

The opening session in a mediation can elicit a range of emotions. It is often the first time that the parties interact with each other since the dispute arose.  For claimants, the anxiety levels are usually very high and emotions are bubbling very close to the surface. For respondents, or more common in my area of […]

How to choose the right mediator for your matter

How to choose the right mediator for your matter

Have you ever wondered if a different mediator would have been more effective?  Wouldn’t you love to have a crystal ball to foresee how the mediation will play out on the day? While that crystal ball doesn’t exist, choosing a mediator that the parties trust, and can develop a rapport with, is one of the […]

“They won’t listen to me” … this phrase should set off alarm bells in a negotiation

“They won’t listen to me” … this phrase should set off alarm bells in a negotiation

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 […]

Three reasons why self esteem is relevant in negotiations

Three reasons why self esteem is relevant in negotiations

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. […]

What does psychology have to do with mediation?

What does psychology have to do with mediation?

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 […]

What do mediators and hostage negotiators have in common?

What do mediators and hostage negotiators have in common?

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 […]