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 […]
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 […]
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 […]
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 […]
“Pivot” … the buzz word of 2020 … it was hard, but now I am celebrating. Many mediators have been forced to rapidly “pivot” and redesign their face to face mediation practices into an online offering. I know I have certainly spent many, many, hours learning how to navigate Zoom, Webex, Microsoft teams and Modron. […]
Over February and March I have been running training seminars on getting the most out of a mediation. Most people agree that mediation is an effective form of alternative dispute resolution that often leads to settlement on the day, or shortly thereafter. However, when talking about frustrations in preparing for mediation a few common themes […]
It contains gems of information for the well prepared mediator: providing insight on the potential psychological factors at play and enabling the mediator to get a head start on creating the right environment for resolution 1. Identify potential roadblocks – often the parties statements or expert reports contain information that is a red flag for […]
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