As a mediator, I often observe lawyers providing advice to or discussing options with their clients, particularly in the final stages of negotiations. In sensitive claims with strong underlying emotions, it is not uncommon to see lawyers present clear legal analysis to clients, yet the clients do not seem to absorb it. Not because the […]
Julie Somerville
What Is Trauma-Informed Mediation? A Practical Explanation for Lawyers and Their Clients
If you’ve ever had a client freeze, lash out, or abruptly walk away from negotiation, you’ve likely witnessed a trauma response. In sensitive civil disputes, understanding this can be the difference between a failed mediation and a lasting resolution. In complex and sensitive civil disputes, such as historical abuse or medical negligence, trauma-informed mediation offers […]
Great negotiation starts before anyone opens their mouth
If your plan is “let’s just see what happens”, you’re not negotiating. You’re just leaving it to chance. After 25 years as a litigator (and now 6 years in the mediator’s chair), I’ve noticed a pattern: the best outcomes aren’t won in the room; they start long before it. Most lawyers treat negotiation like a […]
Common Mistakes in Mediating Historical Child Sexual Abuse Claims
,Mediating historical child sexual abuse (“CSA”) claims requires a highly sensitive, trauma-informed approach. These cases are uniquely complex, often involving deeply entrenched power imbalances, significant emotional distress, and the need for more than just financial redress. Whether representing claimants or institutions, legal professionals play a crucial role in ensuring that mediation is conducted effectively, fairly, […]
Unlocking the potential of a conclave – the Do’s and Don’ts
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 […]
Efficient Expert Conclave Management: The Impact of a Skilled Facilitator
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 […]
“I’m a lawyer – it’s in my DNA to go to Court” – why this doesn’t always hold true
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 […]
Six things lawyers routinely get wrong at mediation and how to avoid them
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 […]
Difficult clients – how to reel them in
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 […]
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 […]