Differences of Opinion and Personality
When you are in dispute, it is often not just the issues that cause a clash; personalities also play a big part in disputes and…
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Is reaching an Agreement wishful thinking?
The outcome of a successful mediation is opposing parties reaching a settlement and often one that neither side envisaged possible at the outset of the…
Do statutory directors duties impact a decision to litigate or mediate?
Disputes distract. Be it with a supplier, contractor, customer or even at Board level, disputes draw attention away from management and leadership of a business,…
What is a pre-mediation call?
Before each mediation I contact both parties separately. It is a good opportunity to speak about any concerns, finalise administrative tasks and clarify the mediation…
What is a mediation agreement?
The Mediation Agreement is what it says : your agreement to mediate. It is the contract or mediation terms upon which everyone taking part in…
The Mediation Opening Statement
Your mediator will discuss with you whether or not there will be a joint meeting at the outset of your mediation. If there is, it…
Weighing up your options to mediate or litigate?
If faced with the decision to litigation or mediate, it is therefore worthwhile considering what you want to achieve and your negotiation strategy as well…
Will I be forced to reach an agreement at mediation?
Absolutely not. Any agreement reached at mediation will be because you have reached a decision as to how the dispute can be settled. The mediator…
Preparing for a Mediation
Whilst every mediation is different there is a general structure that draws the process together. The following tips align with this structure and are based…
Top tips for Mediation Joint Meetings
Many people want to run away from a joint meeting and avoid the face to face confrontation with their opponent. Yet it can make all…
What types of disputes can be mediated?
Worldwide news reports have recently covered the use of mediation in several high profile disputes; the Ryan Air Irish pilot dispute over pay, civil claims…
Getting a party to mediation – dispelling the myths
With success rates at mediation of over 70%, it may be surprising that there is still some reluctance to mediate. The benefits are widely known;…
What happens at mediation?
Whilst being a flexible process with no set format, mediation has several key stages. Mediation will usually take place with the parties at the same…
Top 10 things to know about Mediation
1. It’s confidential – the process Everything that takes place at mediation is confidential or, in legal terms, “without prejudice”. If the case doesn’t settle,…
Disputes: Same facts, different perspective – through the lens of another
I love photography and the ability to capture moments of time. The photographs on my website are almost all courtesy of talented photographer, Rob Friel.…