Comments on: Do you need a specialist mediator? http://www.heskethmediation.com/mediator/need-specialist-mediator/ Commercial Mediation Services Liverpool Manchester Preston & London Tue, 13 Dec 2011 11:19:19 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Stephen Twist http://www.heskethmediation.com/mediator/need-specialist-mediator/comment-page-1/#comment-6203 Stephen Twist Tue, 15 Nov 2011 20:46:35 +0000 http://www.heskethmediation.com/?p=1344#comment-6203 Established specialist practitioners can sometimes be a liability as mediators in their specialist field - for two reasons. First, they may have an opinion as to settlement terms (what specialist doesn't)? Second, they may miss some of the options that a non-specialist, thinking outside the box may spot. I reckon that the 'open mind' is often better than the specialist knowledge. By the way, David Richbell does have lots of advantages over many 'specialist mediators: huge brain, massive experience and total likeability! Established specialist practitioners can sometimes be a liability as mediators in their specialist field – for two reasons. First, they may have an opinion as to settlement terms (what specialist doesn’t)? Second, they may miss some of the options that a non-specialist, thinking outside the box may spot. I reckon that the ‘open mind’ is often better than the specialist knowledge. By the way, David Richbell does have lots of advantages over many ‘specialist mediators: huge brain, massive experience and total likeability!

]]> By: Anthony Bilmes http://www.heskethmediation.com/mediator/need-specialist-mediator/comment-page-1/#comment-2263 Anthony Bilmes Sat, 05 Mar 2011 08:52:15 +0000 http://www.heskethmediation.com/?p=1344#comment-2263 I do not want to challenge Lord Justice Jackson's view because he supports mediation but I wonder what in his experience of the process leads him to believe that a mediator requires specialist skills beyond mediation skills. The mediator is neutral and without opinion. Mediators listen. They do not express opinions. They do not give advice. What would the specialist personal injury mediator bring to the mediation that an effective non-specialist would not? I do not want to challenge Lord Justice Jackson’s view because he supports mediation but I wonder what in his experience of the process leads him to believe that a mediator requires specialist skills beyond mediation skills.

The mediator is neutral and without opinion. Mediators listen. They do not express opinions. They do not give advice. What would the specialist personal injury mediator bring to the mediation that an effective non-specialist would not?

]]> By: How to select a mediator | Personal Injury Mediation Services http://www.heskethmediation.com/mediator/need-specialist-mediator/comment-page-1/#comment-826 How to select a mediator | Personal Injury Mediation Services Mon, 11 Oct 2010 01:08:20 +0000 http://www.heskethmediation.com/?p=1344#comment-826 [...] quickly but there is a counter argument that experienced mediator David Richbell describes on my commercial mediation blog. Essentially what you want is a good [...] [...] quickly but there is a counter argument that experienced mediator David Richbell describes on my commercial mediation blog. Essentially what you want is a good [...]

]]> By: How to organise a mediation | Philip Hesketh Professional Mediator http://www.heskethmediation.com/mediator/need-specialist-mediator/comment-page-1/#comment-344 How to organise a mediation | Philip Hesketh Professional Mediator Tue, 25 May 2010 14:07:51 +0000 http://www.heskethmediation.com/?p=1344#comment-344 [...] This is just like selecting a joint expert. Either party can nominate their preferred choices to the other side. If you can’t agree you could ask a mediation provider like ADR Group to appoint one (although the fee will be greater than going direct) or you could ask me to find a mediator. As always it’s best if you get a recommendation so ask your colleagues if they know of any suitable candidates. You might also want to consider whether or not you need a specialist. [...] [...] This is just like selecting a joint expert. Either party can nominate their preferred choices to the other side. If you can’t agree you could ask a mediation provider like ADR Group to appoint one (although the fee will be greater than going direct) or you could ask me to find a mediator. As always it’s best if you get a recommendation so ask your colleagues if they know of any suitable candidates. You might also want to consider whether or not you need a specialist. [...]

]]> By: Ros Cresswell http://www.heskethmediation.com/mediator/need-specialist-mediator/comment-page-1/#comment-153 Ros Cresswell Wed, 10 Feb 2010 01:02:49 +0000 http://www.heskethmediation.com/?p=1344#comment-153 I generally agree with David's view. When I worked in the Ombudsman field I dreaded nothing more that getting a complaint about my area of "expertise" when I ended up fighting the urge to think I knew the answer or the right thing to do. As a mediator that distance from the detail is crucial to honouring the process and I have always been a great believer that by asking the "stupid" question you reveal far more to everyone in the room. Of course, as always there are exceptions and in the field of divorce mediation, where I practice most often at the moment, you need some specialist knowledge of the divorce process and what is required by the courts - of course the real subject matter, the marriage, remains the specialist subject only of the couple! I generally agree with David’s view. When I worked in the Ombudsman field I dreaded nothing more that getting a complaint about my area of “expertise” when I ended up fighting the urge to think I knew the answer or the right thing to do. As a mediator that distance from the detail is crucial to honouring the process and I have always been a great believer that by asking the “stupid” question you reveal far more to everyone in the room. Of course, as always there are exceptions and in the field of divorce mediation, where I practice most often at the moment, you need some specialist knowledge of the divorce process and what is required by the courts – of course the real subject matter, the marriage, remains the specialist subject only of the couple!

]]>