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….
Q : What do I mediate most in my job as a professional mediator? A : Legal costs. Nearly every single commercial mediation that I do involves the settlement of the parties’ legal costs. If the parties agree that one side will contribute to the other side’s costs then I facilitate the negotiation of what…
Great results at mediation do not occur by accident. Here are three ways you can help increase the chances that your client gets the best out of a mediation. Know what your client really wants. Use the mediator to help you get that. Know when to walk away. Know what your client really wants. If…
Summer holidays are fast approaching so I will be reducing the writing output which is the only excuse for publishing this post highlighting the current most read articles. Here’s the top 5: Mediation Position Statements made easy What if mediation fails 6 things to know about personal injury mediation Supporting charities through Will Aid Monied…
Are you a solicitor who wants to try mediation but are not sure where to start? I’d like to help. These are some issues you might have:- How to select suitable cases. What to tell clients about mediation. How to prepare for mediated settlement meetings. Who pays for mediation? What happens if it fails? I…
Who pays for the mediation? The mediator’s fee is usually split evenly between the claimant and the defendant. When liability is not in dispute the defendant will often agree to pay the whole of the fee. Can you recover your costs of a mediation? Yes. The settlement reached at the mediation can (and almost always…
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