top tips for attending mediation

TOP TIPS FOR ATTENDING MEDIATION

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The following tips are from our top mediators and some have been emailed to our clients and advisors as advice.

They are designed to be interesting and help those who are attending a mediation session whether that be as a principal or advisor.

Elizabeth Birch

“Complex case? Then use the mediator to assist in the process design. In the context of a large commercial dispute, the cost of early involvement of a mediator is negligible compared to the overall costs of the litigation or of the parties’ own advisers in the mediation.”

Mark Linnell

“Make sure you have the knowledge. It is wise to collate in advance any information that could be relevant in making or countering a settlement proposal.”

Lawrence Kershen

“Mediation: think process, not just a one-day event. Preparation before the event and follow-up afterwards can make a big difference to the outcome.”

Mark Jackson-Stops

“Have a plan. Have a strategy for the inevitable negotiation and prepare an offer with a clear and cogent rationale.”

David Richbell

“Trust in mediation. Trust that the mediator is independent, impartial and a safe pair of hands. Also earn the trust of the mediator.”

Mark Jackson-Stops

“Keep it small, keep it short - your next meeting, that is. small meetings are more productive than larger gatherings because of subtle clues that can be picked up. Also, there can be a perceptible loss of focus when a meeting goes over an hour.”

Andrew Paton

“You can't land safely if you're accelerating. The strategy should enable you to move from the beginning to the end in a series decreasing steps. If you have to make a bigger move than last time then you need to be able to justify it or your credibility is blown.”

Jane Player

“Be prepared to be surprised. When you are surprised by something you did not expect when you first arrive at a mediation, pause and consider whether it might something you can work to your advantage or at least not reject out of hand.”

Amanda Bucklow

“Tap the Well of Mediator Expertise. Leveraging this broadly untapped source of advice and expertise can be of huge value to parties and their legal representatives in preparing and participating in structured dispute resolution.”

Andrew Paton

“The joint session is a fantastic opportunity to explain your case to the decision maker on the other side. Don’t undervalue it. Prepare carefully, thinking about the message that you want to deliver, the way you want to deliver it and the people that you need to engage with.”

If you are thinking about starting the mediation process yourself or perhaps just need some advice, get in touch with us:

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