Why do mediations take so long – often all day? Sometimes the outcome seems fairly predictable. A solution is reached where an outside person might say: “That was obviously going …
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. …
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 …
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 …
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 …
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 …
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 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 …
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 …
The vast majority of lawyers are keen to take advantage of the opportunity the mediation process offers for a sane and sensible exit from a situation which, for any number …