It is helpful to share what is important to you with your mediator. When the mediator is aware of what is driving your decision making, they can help you negotiate. I have a vested interest in the answer. As a mediator, I always find it helpful to know from the outset what is key to…
Yes, although it can come at a cost. As with most business decision, it is about balancing priorities. There are no rules to say you cannot work online or take business calls during a mediation. The consequences of doing should be balanced against the opportunity to settle the dispute and, at all times, the confidentiality…
The cost of mediation increases when a solicitor attends. However, there are good reasons for having a legal representative present which could help you reach a settlement. If we look firstly at the main reasons for a solicitor, lawyer or barrister attending the mediation. They can: – provide you with legal advice outline what would…
Firstly, there are no trick questions. You are not being cross examined. You are not being judged. The mediator’s role is to facilitate the mediation process. This means trying to ensure that everyone attending is in the best position possible to secure a settlement. There are no right nor wrong answers. The mediator is present…
Have you heard the saying about not being able to see the wood for the trees? This can certainly be the case when trying to settle a dispute. Being so engaged with the challenges faced and often numerous issues arising, it can make a way forward appear out of reach and get everyone bogged down…
Offers to settle at mediation are not enforceable until committed to a Settlement Agreement which is then signed by all parties. Reaching this stage is a critical step in finalising the dispute. The mediation process has inevitable highs and lows during exploration and negotiation. The pace of the mediation can also shift rapidly from the…
Have you ever found yourself so caught up in an argument that suddenly, you realise that the initial issue has become secondary to the response you received from the other person…and that just made things worse? They reacted badly, aggressively, ignored you, didn’t seem to care, weren’t interested in the impact it had upon you…
There is no certainty when a case goes to court. Even what appear to be the most certain of cases are unlikely to secure a chance of success assessment of higher than 75% from legal advisers. They have experience of witnessing cases turn when evidence and law is interpreted by a Judge unexpectedly. Cases in…
Neighbour disputes relating to boundaries and access are some of the most hotly contested litigation cases in the court system and, putting it mildly, the Judges simply do not like them. For those of a certain age, the above image may prompt memories of the famous Hovis bread advertisement. Taken whilst I was on holiday…
At best a dispute is a distraction and at worst it has an overwhelming and debilitating impact upon physical and mental wellbeing. Most people find themselves moving somewhere in the middle of these two depending upon their changing circumstances. The importance of managing our mental health is now widely known. When considering conflict alongside the…