I have sat through many a mediation opening statement and wished I could have wound the clock back five minutes to prevent the damage had just been done. In no particular order let’s look at three things you must avoid saying. Sorry – unless you genuinely mean it. In the cynical world we live in…
I used to go on about the solicitor’s duty to advise clients about mediation in the naive hope that would immediately convince you to use my services. Experience has taught me that mediation is much more likely to be successful when neither side is there out of a sense of duty or fear of legal…
As a commercial mediator I’m often asked at some point in the mediation “what do you think about my case?” This is despite the fact that I explain to parties at the very first meeting with them that mediators are not judges. It is instinctive to try and persuade me that they have the best…
No mediators do not decide cases. That was a succinct answer but my editor wants more! It is a common misunderstanding that mediators make a decision on a case at the end of a mediation – like a judge. The misconception is present among solicitors and lay clients alike. A solicitor friend asked me once…
Legal Week reported that the partners of Halliwells LLP have agreed to try and resolve the administrators’ claim against them for £21 million through mediation. Sadly so far I have not been asked to be the mediator but I’m sure they’ve got my number. Partnership disputes and administration claims are two areas where mediators can…
No matter how good a lawyer you are, litigation is risky. That’s a fact*. Lost cases mean dissatisfied clients and possibly fee income written off. I want to help you avoid both. Skilled mediators facilitate resolution of even the most entrenched disputes. My neutral and confidential involvement through mediation means even if you don’t settle,…
I am from a family of six children. That alone teaches you how to share fairly. But we also had rules. If my sister or one of my brothers and I were left with a piece of cake to share between two of us we would invariably invoke the none cutter chooses rule. I would…
I have written another post about when is the right time to mediate? Today I am looking at which type of cases are suitable for civil mediation – is one kind of dispute more suitable than another? Here are some of the types of disputes that I have been asked to act as mediator in,…
I am talking about negotiations to settlement civil or commercial disputes which are facilitated by a neutral – a mediator. I offer three basic solutions: Two-hour telephone mediation; 4 hour mediation settlement meeting; 8 hour mediation settlement meeting. So the mediation could take two hours or it could take all day. It depends on the…
Mediation is a way of settling commercial disputes, it is an alternative to going to court and asking a judge to make a ruling. One of the many benefits of mediation is that you can not lose. That might sound like an over ambitious marketing claim. It’s not but let me explain what I mean….
Privacy Policy | Terms of Use | Website Disclaimer | Contact | Copyright © 2008 – 2012 Hesketh Mediation Services. All rights reserved.
