Mediation Insights for 2010
Some suggestions from Core mediators for making a success of the process:
“Don't come prepared to convince the mediator of how right you, your lawyer or your client are. Do come prepared to persuade and to listen to the other parties. All mediations are learning experiences which can help to transform a deadlock.” Calum MacNeill QC
“Mediation provides people with the opportunity to have a dialogue about their differences when communication has stalled or completely broken down. Re-establishing communication at the start of the mediation day can be vital in putting the parties in a position where they can rebuild relationships so that, by the end of the day, they can find a solution which is acceptable to both.” Judith Scott
“Even in disputes which are primarily about money and business risk, any resolution or settlement has got to feel right. Mediation is a great opportunity for clients to adequately address both the 'hard' and 'soft' dimensions of a conflict. That does not mean “soft touch” but really getting to the underlying issues and concerns.” Charlie Woods
“As the day progresses, it is easy for all those involved to lose sight of the big picture and get bogged down in detail. Mediators can remind them why it is important to them to reach a resolution – by standing, metaphorically, on the balcony and viewing the prospect of having the matter behind them - or looking into the precipice and appreciating what it would mean not to have it sorted.” Pamela Lyall
Making the Best of Mediation: from Breakfast to Bedrooms and Beyond: read a summary of John Sturrock’s recent presentation to the launch meeting of the Standing Conference of Mediation Advocates in Edinburgh.