How Mediation Works
I have mediated major construction disputes, personal injury claims, professional negligence cases, matters between landlord and tenant, contested wills and intestacies, partnerships, commercial business sales, even intellectual property disputes.
Sometimes with solicitors and QC’s; other times just 2 individuals with no representation apart from friends or spouses. Every time is different, BUT every time the same very simple process -
- Confidential mediation agreement
- Have a private meeting online with each side to get to known you
- Send a short position statement and supporting papers to brief the mediator
- Come along to the mediation meeting, and explain your point of view
- The mediator has a series of private, confidential meetings, separately with each side
- Negotiations start to develop, achieve momentum, and a deal is outlined
- Draw up and sign a binding, final, enforceable settlement contract
My Approach
- Seek to understand every point of view in the room
- Get to know all the facts; as far as possible.
- Ensure everyone gets heard
- Ensure each party understands its own needs and interests
- Move the argument from positions to interests
- Explore the best and worst alternatives to settling
- Be creative, think laterally.