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 […]
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 […]
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 […]
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 […]
Does this time of year bring you more headaches, sleepless nights, agitation. difficulty relaxing? If it does, you’re not alone. For those of us involved in litigation, particularly claims involving exposure to traumatic and confronting events, vicarious trauma is an occupational hazard – particularly at the time of year when the caseload is high and […]
Damn teenagers are hard – on one hand you are bursting with pride as you watch them mature; and at exactly the same time they can tear out your heart, twist it into wrangled mess, nonchalantly return it to you and then act surprised when you express disappointment and dismay. The past few weeks have […]
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