As we all know, the Court’s requirement for joint expert reports has become a routine part of litigation. When I was in private practice, the expert conclave process was a bit of a nightmare, usually resulting in a substandard joint report. The experts were often unenthusiastic about participating and, left to their own devices, they […]
As we all know, the Courts are increasingly ordering experts to confer and produce a joint report that identifies their areas of agreement and disagreement, with a view to narrowing the issues in dispute. Done well, these reports can assist in the just, quick and effective resolution of the matter; can reduce costs; or shorten […]
Mediation and litigation advocacy are two different approaches to resolving disputes, and each has its advantages and disadvantages. Understanding these differences is crucial when it comes to choosing the best approach for your particular situation. Mediation is a voluntary and confidential process that involves a neutral third party, the mediator, helping parties in a dispute […]
Before I became a mediator I practised as a litigation lawyer for 25 years. I represented clients in many mediations and, from time to time, it appeared that the parties wanted to resolve. but the lawyers were getting in the way. The cynic in me assumed it was ego, but in reality, it was probably […]
I’m sure you’ve all had that client who makes your stomach churn when you see their number pop up on your phone – that one who can be gruff or even rude; isn’t completely transparent with you; wants to run their own case; constantly complains; can be erratic; or simply doesn’t listen to anything you […]
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 […]
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 […]
An apology is not a magic trick for settling a claim, but it can be remarkably effective in addressing a claimant’s need to be heard and acknowledged. I’ve spoken in a few of my past posts about the inherent need of people to be heard and the impact it can have on their decision making. […]
Some mediations are straightforward and proceed without a hitch, but others are so complicated that you wonder why you ever thought it was a good idea in the first place. Regardless of the complexity of a mediation, pre-mediation preparation is key to ensure that you are always representing your client well. If you don’t prepare […]
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 […]
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