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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.
Preparation for Mediation: What do I Bring?
Many people entering into their first mediation often wonder what they need to bring. The role of the mediator is to help the participants find a solution they can both live with. To do this, the mediator needs to know everything relevant.
Preparation for Mediation: Evaluating Your Case Objectively
Emotion is the downfall of many disputes. One side feels they deserve it all and the other side feels they should give nothing. This is a destructive emotional response that impedes a satisfactory settlement. When evaluating your case, it is important to try and put emotion aside and look at things clearly. A judge hearing your case will have to look at the case objectively and neutrally under the law.
Preparing for mediation: The position statement
The first topic I would like to address is the position statement that the participants or their solicitors prepare and send to the mediator well before the mediation meeting. This will usually contain materials and a case summary to allow the mediator to get familiar with the facts (and opinions) of the case.