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Useful articles on mediation
Using mediation to negotiate contracts
It now appears to be accepted by the vast majority of professionals that mediation is a cheap, quick and effective way to settle disputes. I have long held the view …
Positions and interests
The overall aim of a mediation is to reach a settlement. The strategy that the mediator will use will depend on whether he or she is an ‘evaluative’ mediator or …
Compulsory mediation for neighbour disputes!
The judge in this latest case (Bradley v Heslin) started off the judgment with the following words: “Rather to my surprise I find myself trying a case about a pair …
Costs jeopardising settlement
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 …
The current state of mediation
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 …
Breaking the deadlock
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. …
Solicitor only mediations
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 …
Negotiating with the devil!
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 …
Experts at mediation
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 …
Plebgate, Jackson, costs and mediation!
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 …