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Useful articles on mediation
Negotiating the Settlement Agreement
It is 6pm, and the Mediator has just informed the parties that they have reached an agreement, and asks what they are going to do about drafting a Settlement Agreement. …
How to make your mediator happy!
In my last piece I looked at some behaviours which can both alienate your mediator and be unhelpful to your client. In brief they were: Surprises Hectoring opponents Bulldozing the …
How to irritate your mediator!
Mediators need to be unflappable in the face of the many ups and downs in a negotiation. We determinedly remain impartial and treat all participants even-handedly. But we are human …
Are we ready yet to return to face to face mediations?
In the debate on the countervailing pressures to return to normality and help the economy versus continuing to WFH where possible, where do we who are involved in mediations as …
Coping With Coronavirus Using Online Mediation
Introduction Due to the coronavirus pandemic and current government restrictions face-to-face mediations are not currently possible. However, all our mediators are able to offer online mediation. This will enable clients …
What type of mediator do you want?
I am frequently asked by solicitors for my views on whether a mediator should facilitate or evaluate, or both. What is interesting is that the parties rarely become involved in …
Heads of Terms
In this post Iain looks at a recent case, which dealt with Heads of Terms reached at a mediation. Were they binding? He reflects upon some possible lessons for mediators …
The CJC and Compulsory Mediation?
The Civil Justice Council has published the final report of its Working Party on ADR which looks at all forms of ADR but predominantly mediation. In this article Jacqui looks …
The Art of Negotiating Through a Mediator
The role of a mediator is unique. He or she seeks to bring the parties together, without becoming a party to the process, whilst at the same time being intimately …
Communication for Optimum Results
The parties in any dispute, and indeed their advisers, may have very different styles of communication. For example, high context communicators tend to illustrate what they are saying by using …