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Useful articles on mediation
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 …