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Building blocks

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
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