The young man sat oblivious, listening to the music pumping through his headphones. Nothing unusual about that – it’s a scene which plays out daily on public transport and in homes worldwide. But in this case, the young man was the principal complainant in a family argument, and that day he ...
Litigation solicitors and barristers, how can you be a good mediation advocate? Some might say that you’ve either got it or you haven’t - but I believe that mediation advocacy skills can be developed and honed.
Mediation statement, position paper, summary – is the lack of a defined description a matter of semantics, or something more? So often, it will comprise a précis of the written pleadings, a section on why that party is almost certain to win at trial, followed by ‘nevertheless we are approac...
As mediators we’re often told by lawyers that their clients have tried to negotiate business exec to business exec and that hasn’t worked and therefore the client feels that there’s no point in trying mediation. But, of course, we all know that the positional negotiation that may have take...
Central to the success of mediation is the concept of confidentiality: parties are encouraged to negotiate openly and realistically, unfettered by concerns that what they disclose in the process might be used against them in the future, in legal proceedings or otherwise. Provided at common law...
AI and algorithms are increasingly being used in alternative dispute resolution – but can a robot really replace the flesh and blood of a trained mediator?
To mark our 25th anniversary, we asked our mediators to tell us about their most memorable and surprising mediations. From their weird and wonderful responses, it’s clear that anything can happen...
Conflict will survive the neutron bomb of the current pandemic, just as cockroaches are said to survive a nuclear explosion. Actually the analogy is imperfect - cockroaches don’t survive it seems, while conflict is on the increase. Lawrence Kershen QC considers how mediators have risen to the ...
Maybe it was my experience as a disputes lawyer, or a precursor to my career as a mediator, but when I set up a SME with my very dearest friend, I was determined that we would not fall out. At a time when all was rosy and exciting, we sat down for a difficult conversation: what would happen if w...
We all know that mediation is a serious business. However, whilst our celebrations to mark our 25th year in business are on hold, our mediators have been looking back on their most amusing experiences over the years. Here, for your enjoyment, is a compilation of the printable ones!
In an article published recently in Planning Magazine, Harry Spurr explores the use of mediation to resolve planning enforcement disputes during Covid 19.
Legend has it that King Arthur’s Round Table was built to keep his knights from claiming precedence over each other and to settle quarrels between them. I like to think there’s a bit of Camelot in the round table meeting at the start of mediation. This plenary, or joint, meeting offers the o...