Costs jeopardising settlement

Gary Webber Tips Leave a Comment

Costs are often a serious obstacle to settlement, even where everything else can be agreed. This is frequently because parties mediate so late in the day and get bogged down in witness statements and disclosure. It is sometimes felt that it is not possible to mediate until all those stages have been gone through so that “we can fully understand …

The current state of mediation

Jacqui Joyce Trends Leave a Comment

The Centre for Effective Dispute Resolution (CEDR), in June, published its Sixth biannual audit of the mediation profession and the lawyers that instruct them. The market It is estimated that the current size of the market is in the order of 9,500 cases per annum. This is a year on year increase of about 9% from 2012, although the pace …

Breaking the deadlock

Jacqui Joyce Tips Leave a Comment

There comes a point in some mediations when the parties start to despair of ever reaching a settlement. This is often when sugar levels start to drop in the afternoon. At that point the mediator needs to work really hard to keep everyone focused, engaged, positive, and in the building! There are several ways that can be used to help …

Solicitor only mediations

Alan Langleben Tips Leave a Comment

Even after over 13 years as a mediator, there are still new experiences. I recently conducted a mediation where two very able and experienced property litigation partners in two prestigious firms attended alone. The issue was quite technical, and they felt that their clients, having given authority to settle, need not be there in person, while being available by phone. …

Negotiating with the devil!

Alan Langleben Tips Leave a Comment

Negotiating with the devil! Can you settle with someone you believe to be a crook? This was a focal point in a mediation I conducted last year, and also has been experienced by a colleague. How can a mediator help to resolve a dispute where one party believes, probably correctly, that the other party is dishonest? In my case, once …

Experts at mediation

Alan Langleben Tips Leave a Comment

Often parties in property disputes rely on experts of the same discipline and the experts are invited to the mediation. The question then is, what is the most effective way such experts can be used during the mediation? I have had a great deal of experience of this, and have discussed it with fellow mediators. Sometimes the two experts can …

Plebgate, Jackson, costs and mediation!

Gary Webber Law Leave a Comment

When Andrew Mitchell MP got into a little fracas in Downing Street whilst pushing his bicycle, he could not possibly have conceived of the consequences. He lost his job, police officers have been dragged before Parliamentary Select committees, arrests are taking place and libel actions abound. In a new twist, the incident is playing a significant part in the working …

How to prepare, properly, for mediation.

Jacqui Joyce Tips Leave a Comment

You think you have prepared well for the mediation – think again. Jacqui Joyce looks at what is actually helpful. The usual scenario Provide the mediator with all the documents you have, including every e-mail and file note setting out every detail. Include an in-depth analysis of the strengths of your legal position and all the back up evidence. Ignore …

The Perfect Mediation

Gary Webber Tips Leave a Comment

I did a mediation last week that went like a dream. I’m not going to claim any credit – well not too much! It was the parties and their representatives that made it go so smoothly. The case concerned two brothers who had bought a house for themselves and their parents to live in. Subsequently one of the brothers married …