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It is sometimes said that the parties are in charge of the content at mediation and that the mediator is in charge of the process. On the standard mediation training …

It is fundamental to the success of a mediation that the parties trust the mediator. When parties come together for a mediation, trust has usually broken down, creating a huge …

It is standard practice for mediators to telephone the parties’ representatives, and sometimes the parties themselves, before the day of the mediation. There is enormous value in beginning to build …

In this post Gary Webber considers the role that fairness plays in mediation. Two brothers had at one time been great friends. So much so that they bought a commercial …

Parties are often anxious about joint meetings, and try to avoid them. This is completely natural. It takes some courage to go into the room with the person with whom …

Practitioners are taught that there are certain things that are part of the mediation process, one of which is the exchange of position statements. There is however no legal or …

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 …

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 …

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. …

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 …