Client Guide: Making the most of Mediation

Mediation is a form of Negotiated Dispute Resolution (ADR), which involves a process of structured ‘without prejudice’ negotiation facilitated by an impartial third party known as a ‘mediator’. The aim is to produce a settlement of the dispute that is acceptable to both parties, and the process enables them to retain control over whether or not they wish to settle, and on what terms. Click here for the link to download the guide created by Nicola Gare of HFW:

https://www.hfw.com/insights/client-guide-making-the-most-of-mediation/

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/

Mediating insurance coverage disputes

Charles Gordon of IPOS explains that, mediating insurance coverage disputes can present unique challenges, such as navigating disputes over underlying claims, multiple insurers' involvement, remote/hybrid mediations, and insurance reserves, and offers suggestions as to how to assist in their resolution.

https://mediate.co.uk/article/mediating-insurance-coverage-disputes/

Insurance disputes, The mediation processNic ScampionOctober 24, 2023Back to all Resources

A Checklist for Mediation Opening Statements

Emily Holland, a contributing Editor at ADR Times, explains how a well-crafted mediation opening statement sets the tone for a productive negotiation by establishing clarity, credibility, and cooperation. Mediators should focus on process guidance and neutrality, while parties should strategically present facts, strengths, and interests to influence the discussion and foster resolution.

https://www.adrtimes.com/mediation-opening-statements/

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/

Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System

Charlie Irvine reflects on the diversity of mediation styles and challenges mediators to articulate their personal "real mediation system." He encourages fellow practitioners to describe their approaches, noting that doing so not only highlights the variety of practices in the field but also helps mediators refine their own methods and gain a clearer understanding of their work.

http://indisputably.org/2023/08/charlie-irvines-challenge-to-mediators-to-describe-your-mediation-system/

5 myths of mediation - misunderstandings, misconceptions and misapprehensions

This article by Harry Spurr of IPOS Mediation, debunks five common myths about mediation, including misconceptions that opening joint sessions are unnecessary, making the first offer is a sign of weakness, and that mediation must be resolved in a single day. The author argues that mediation works best when approached strategically, with patience, openness, and a willingness to adapt the process to the needs of the parties involved.

https://mediate.co.uk/blog/5-myths-of-mediation/

Preparing for mediation, The mediation processNic ScampionFebruary 20, 2023Back to all Resources

Successful Mediation Practices from a Former Judge

Charles Schneider, retired US trial judge, describes the best mediation practices he's observed over the years. He describes the mediation process and the mediation practices he has seen work successfully.

https://www.mediate.com/successful-mediation-practices-from-a-former-judge/

The mediation processNic ScampionNovember 11, 2022Back to all Resources

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/

CEDR's Complete Guide To Commercial Property Mediation

It covers everything you need to know about mediating in this space, looking specifically at:

Commercial property mediators, Eve Pienaar and Stephen Barker, provide a guide to mediating in the commercial property space, looking at the mediation process, challenges and case studies, who should attend, advice on preparation and negotiation strategy, and settlement considerations.

https://cedr.foleon.com/cedr/cedrs-complete-guide-to-commercial-property-mediation/?utm_campaign=Commercial%20Newsletter&utm_medium=email&_hsmi=221800795&_hsenc=p2ANqtz-8Fz5WHSe5HY_R1dpRK0obHds6UyWkK_ZtzsnNAFQ-1-MS6oZXmfCxun2GM_LlTtgcV8H_mOSk34H3Jw-FJ5fEq_nCHPmGaZJwLojXlUJR4x4XOUJU&utm_content=221800795&utm_source=hs_email

Legal Expert: Mediation Do's and Don't's

John Quinn , Founder and Managing Partner of Quinn Emanuel, writing in Newsweek, explains the typical mediation process (from an American perspective).

https://www.newsweek.com/legal-expert-mediation-dos-donts-1718570

The mediation processNic ScampionJune 24, 2022Back to all Resources

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/

What I learnt from shadowing a mediator

Grace Chilekwa, Associate Partner, AB & David, Lusaka, Zambia shares what she learnt about the mediation process following a mediation with Rebecca Clark (CEDR, London).

https://mediate.co.uk/blog/what-one-lawyer-learnt-from-observing-a-mediation/

The mediation processNic ScampionMarch 24, 2022Back to all Resources

Dispute resolution: The role of neutral evaluation in mediation

Sir Paul Morgan, formerly a judge of the UK High Court and now an arbitrator and mediator at Wilberforce Chambers in London, explains why disputes lawyers must be more ready than ever to recommend mediation before or during litigation, how Early Neutral Evaluation (ENE) can assist parties to settle their dispute, and how ENE can be combined with mediation.

https://www.wilberforce.co.uk/dispute-resolution-the-role-of-neutral-evaluation-in-mediation/

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

ADR is Not a Household Term

Beth Graham of Mediate.com looks at an article that examines the public’s lack of understanding of alternative dispute resolution (ADR) processes like mediation and arbitration, revealing key misconceptions that could have ethical and legal consequences. The authors recommend increased public education and clearer communication from legal professionals to ensure informed decision-making.

https://mediate.com/adr-is-not-a-household-term/

The mediation processNic ScampionJuly 30, 2021Back to all Resources

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