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12 December 2014 / John Sturrock KC
Issue: 7634 / Categories: Features , ADR
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Building blocks

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How can the best result in mediation be achieved for all parties, asks John Sturrock QC

Mediation is an extremely useful tool in the armoury of any conflict resolution professional and in the range of options available to clients to manage the risks they face in unresolved disputes. But it remains a challenge, sometimes, to get this message across.

Understanding

The first building block, therefore, in achieving the best result is to make sure that the clients (principals, decision-makers, funders and others) understand what they are engaging in. It is not enough, I suggest, for lawyers to assume that the clients will “get it” or that they do not need to understand precisely how mediation works. Mediation is, par excellence, the clients’ process and excellent lawyers appreciate that their own job will be easier if they work collaboratively with the clients. Similarly, presenting mediation as an opportunity for positional bargaining, for focusing on “gaming” the mediator and/or the other parties or playing hardball are not conducive to best results. Mediation works well when everyone understands

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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