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 […]

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 […]

In my last blog, I explained why it’s so important to understand the psychology and neuroscience of conflict in order to engage effectively in a mediation.  I talked about an “amygdala hijack” which is an emotional response that occurs when strong emotions virtually take over the thinking part of your brain making it difficult, or […]

Mediations can be highly emotional for all parties involved, but especially so for claimants.  For them, it’s often the only chance they will have to be heard, to say their piece and to finally put a matter to rest.  They are likely to be stressed, fatigued from the drawn-out litigation process, confused, upset, hurt and […]

Damn Delta variant ….. Sydney has been plunged back into its longest Covid lockdown to date; and with no real end in sight … however with the learnings of lockdown #1 under our belts – mediations have seamlessly moved over to various AVL platforms. Once I finished brushing up on the updates (thank you Teams […]

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 […]

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 […]

The claim is low value, liability looks straight forward, and your client is always wanting costs to be lower … avoiding the expense and logistics of a mediation may be appealing. Or At last few mediations it didn’t feel like the mediator is actually adding much …. again, avoiding the expense and logistics of a […]