Lee Jay provides some useful pointers to the importance of choosing the right mediator
When planning negotiation strategy, keep in mind the reciprocation you expect from the other side. It is well known that courteous behaviour is more likely to be met with courtesy, angry behaviour with anger or stubbornness.
Mediation has proved to be an effective way of resolving disputes. Its importance is highlighted by one major factor – the parties are going to decide on the outcome. They usually have just one shot at settling by mediation. So when choosing a mediator, apply the best possible resources to sel...
How much better it is for parties in mediation to formulate offers by reference to an arguable rationale: “Our settlement offer is £xxxx because.....“. The rationale serves to demonstrate the risk analysis (as the basis of further discussion) and signifies a serious intention to find common...
Mark Jackson-Stops, Head of Chambers, writes:
Mark Jackson-Stops, Head of Chambers, writes:
Med-Arb is one of those hybrid processes that is often talked about in England but little practised. Given the issues raised, its lack of use is perhaps not surprising. This paper looks at some of these issues from a legal and practical perspective.
Tips from Top Mediators
Mark Jackson-Stops, Head of Chambers, writes:
Mark Jackson-Stops, Head of Chambers, writes:
I was recently asked by the mediator magazine (www.themediatormagazine.co.uk) to join the debate around the motion that “lawyers make better mediators because they engage with a wider range of issues”. I responded as follows:
Charles Middleton-Smith has become a mediator of real distinction, after a career as a partner at Hammonds. Chambers Guide to the Legal Profession rank him as a leader in mediation. Amongst other things they say he is “suited to sophisticated clients and not afraid to challenge them” and he ...