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The Ministry of Justice has just announced the [...]
Understanding the Emotions of Dispute Resolution
Mediation can be an emotion-packed event for all participants involved (hopefully not the mediator!). As a mediator, I am between two or more participants, usually experienced business people, often parents, and yet they are behaving like “kids in the playground”: each dedicated to proving they are “right”. In an emotional battlefield, I am the referee, counsellor and facilitator. It’s a challenge.
Bracketing tactics in mediation
Bracketing is becoming a popular strategy in mediation. Whilst mediation is sometimes considered less developed here in the UK, the Americans have spent many years perfecting negotiation strategies involved in mediation and alternative dispute resolution. We often find that US techniques find their way over here, with modifications to suit our own practices.
When to walk away
there are times when cases simply can’t, don’t or won’t settle. Either the issues are too complex and disputed, or one side or the other simply isn’t willing to budge. Sometimes unfortunately, one side chooses not to engage or seek a settlement just for “sport”.
Mediation tactics: What to reveal, What not to reveal
Sometimes, solicitors or participants hold back information from opposing counsel (and the mediator), thinking they hold back their ace until the last minute. Often, this backfires and involves more time and money being spent. Withholding important case information and evidence is seldom advisable.