A Successful Mediation

William Gilbride looks at how facilitative mediation has proven successful in resolving civil disputes, leading courts to refer cases to mediation earlier in the litigation process, even before discovery. Key strategies for effective mediation include holding joint sessions to encourage direct communication, allowing clients to speak for themselves, and carefully considering "final offer" strategies with the mediator to avoid prematurely ending negotiations.

https://mediate.com/a-successful-mediation/

How to prepare for mediation – Angelina Jolie and Brad Pitt have agreed to turn to mediation to settle a long-running dispute, but what's the route to a successful resolution?

Arabella Murphy, director of Propitious (London) Ltd (risk planning, family governance and mediation) explains that preparing for mediation involves recognising the willingness to settle, understanding the private nature of the process, being open to creative solutions, utilising lawyers effectively, and adopting a flexible approach to negotiations to reach a mutually acceptable resolution.

https://spearswms.com/law/how-to-prepare-for-mediation-divorce-angelina-jolie-brad-pitt/

Improve the Chances Your Mediation Will Be a Success

Steven Mehta, an LA mediator, offers some good advice as to how to succeed at mediation: let the other side pick the mediator; avoid arguing about who’s right; leave the litigators at home; and deal with complex issues last.

https://www.adrtimes.com/improve-the-chances-your-mediation-will-be-a-success/

The Art of the Simple in Mediation

Greg Rooney, an experienced Australian mediator, identifies some of the factors behind his success as a mediator; his curiosity, energy, and ability to keep it 'light and simple'.

https://www.mediate.com/the-art-of-the-simple-in-mediation/

From BBC news presenter to trainee mediator

Joanna Gosling, BBC presenter and trainee mediator, offers reflections on her training, noting that mediation's strength is sometimes that it's different from the legal remedies available, and the importance in some situations of not focusing on the detail.

https://s6.newzapp.co.uk/t/view/1541506760/121956528

Mediation #2: How do I get the best out of a mediation?

Bill Lister of Appleyard Lees explains the mediation process and provides advice as to how to get the best out of a mediation.

https://www.appleyardlees.com/mediation-2-how-do-i-get-the-best-out-of-a-mediation/

The merits of a dispute – when opposite views clash!

Andrew Miller QC and Rebecca Attree (IPOS) discuss the benefits of avoiding seeking to force the other side to accept the merits of your case and concede their own at mediation.

https://mediate.co.uk/blog/when-opposite-views-clash/

Succeeding at mediationNic ScampionApril 20, 2022Back to all Resources

Preparation – and how to be more Federer!

Andrew Hildebrand, IPOS Mediation, gives 8 exceptionally useful tips for preparing for mediation.

https://mediate.co.uk/blog/eight-ways-clients-can-prepare-for-mediation/

Preparing for mediation, Succeeding at mediationNic ScampionFebruary 14, 2022Back to all Resources

Using Questions for Enlightenment

Andre Oosthuizen, Cape Town based lawyer and mediator, discusses the value and art of asking questions in mediation.

https://www.mediate.com/articles/oosthuizen-questions-enlightenment.cfm

Six Ways to be a Better Mediation Advocate – Later Stages of a Mediation

An article from CEDR (Neil Goodrum) - a sequel to an earlier article on preparing and opening - lists six things skilled mediation advocates do in the early stages of a mediation.

https://www.cedr.com/six-ways-to-be-a-better-mediation-advocate-later-stages-of-a-mediation/

Negotiation, Succeeding at mediationNic ScampionAugust 24, 2021Back to all Resources

Five Easy Ways to Fail at Mediation

Leigh Wilco, of Miles Mediation & Arbitration, lists 5 things not to do if you are going to succeed at mediation.

https://www.jdsupra.com/legalnews/five-easy-ways-to-fail-at-mediation-6807613/

CEDR’s Complete Guide to Trusts, Wills and Probate Mediation

Trust, Wills and Probate Mediations are among the most challenging of cases. The intense mix of emotional, legal and financial issues can make achieving sustainable outcomes incredibly difficult.

To help lawyers who mediate in this sector, CEDR has put together a practitioner-led guide that offers practical advice on how to manage and prepare for your mediations.

https://indd.adobe.com/view/1d4785a1-87af-4ee6-b11e-0f34e65652c6

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid, Part 2

The JAMS mediation blog lists, according to mediators, the 10 most unhelpful behaviours in mediation.

https://www.jdsupra.com/legalnews/annoy-the-mediator-at-your-own-risk-9151542/

Succeeding at mediationNic ScampionMarch 10, 2021Back to all Resources

Five Principles to Maximize Chances of Success in Mediation

Rachel Gupta, of Gupta Dispute Resolutions LLC, provides advice as to how to approach a mediation and how to maximise its chances of success.

https://www.mediate.com/articles/gupta-five-principles.cfm

Succeeding at mediationNic ScampionFebruary 5, 2021Back to all Resources

Effective Virtual Mediation: 10 Lessons After 10 Months

Robin Gise, a mediator and arbitrator with JAMS based in New York, provides advice as to how to successfully conduct a remote mediation.

https://www.mediate.com/articles/gise-10-months.cfm

Succeeding at mediation, Remote mediationNic ScampionFebruary 5, 2021Back to all Resources

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid

The JAMS mediation blog lists, according to mediators, the 10 most unhelpful behaviours in mediation.

https://www.jdsupra.com/legalnews/annoy-the-mediator-at-your-own-risk-7221832/

Succeeding at mediationNic ScampionJanuary 26, 2021Back to all Resources

How To Screw Up a Mediation in our Brave New World

Christopher Nolland, mediator and arbitrator, offers advice to mediators for how to run a successful remote mediation, and a successful mediation generally.

https://www.mediate.com/articles/nolland-fubar.cfm

Succeeding at mediation, Remote mediationNic ScampionJanuary 4, 2021Back to all Resources

Top 10 Tips for a Successful Employment Mediation

Frank Burke, a mediator practising in California, outlines best practice in planning, strategising, and mediation advocacy in employment mediations.

https://www.mediate.com/articles/burke-10-tips.cfm