header-logo header-logo

21 May 2010 / Michael King
Issue: 7418 / Categories: Features , Profession , Mediation
printer mail-detail

Bridging the gap

profession_4

Adopting the right approach to mediating legal disputes is vital, says Michael King

As counsel, my experience of mediation has been gained both as mediator and mediated. Nearly all the mediations have involved litigation relating to trusts, wills, estates, professional negligence, and partnership. Proceedings have either been commenced, or have been imminent, and the parties have generally been represented by experienced solicitors and counsel.

In such mediations one question often arises: what approach should the mediator adopt when there are no other interests of the parties that could assist in effecting a compromise and the only possible means of reaching agreement involves a settlement of the issue(s) raised in the proceedings?

Approach of the mediator—evaluative or facilitative?

I shall assume that the mediation is attended by the parties with a genuine desire to compromise. Unfortunately there are a few mediations where one or other party has no such desire or where one or more of the lawyers present is so inflexible that the mediation is effectively doomed from the outset, but

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll