http://www.heskethmediation.com/why-use-mediation/peakman-v-linbrooke/ Mediation Services Liverpool Manchester Preston & London Thu, 22 Jul 2010 22:12:46 +0000 hourly 1 http://wordpress.org/?v=3.0 http://www.heskethmediation.com/why-use-mediation/peakman-v-linbrooke/comment-page-1/#comment-3 Philip Hesketh Wed, 01 Jul 2009 18:41:09 +0000 http://heskethmediation.wordpress.com/?p=99#comment-3 John thank you for your comments. It is certainly very difficult to negotiate in the circumstances you describe - that is why they ended up in court. In the jargon, a mediator will separate the people from the problem. The party with the intense dislike of the other still has interests which need to be met, winning at all costs is unlikely to be one of them. A desire to "beat" the opponent in court is something the UK judges are now discouraging with mediation directions and costs sanctions where appropriate. See my earlier post http://heskethmediation.wordpress.com/wp-admin/post.php?action=edit&post=498 John thank you for your comments. It is certainly very difficult to negotiate in the circumstances you describe – that is why they ended up in court. In the jargon, a mediator will separate the people from the problem. The party with the intense dislike of the other still has interests which need to be met, winning at all costs is unlikely to be one of them.
A desire to “beat” the opponent in court is something the UK judges are now discouraging with mediation directions and costs sanctions where appropriate.
See my earlier post http://heskethmediation.wordpress.com/wp-admin/post.php?action=edit&post=498

]]> http://www.heskethmediation.com/why-use-mediation/peakman-v-linbrooke/comment-page-1/#comment-4 john wilkin Wed, 01 Jul 2009 16:22:38 +0000 http://heskethmediation.wordpress.com/?p=99#comment-4 It is difficult to mediate if one party has an intense dislike of the other and a desire to do everything to ensure the opponent is beaten . I believe that was the reason no mediation took place in this case . It is difficult to mediate if one party has an intense dislike of the other and a desire to do everything to ensure the opponent is beaten . I believe that was the reason no mediation took place in this case .

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