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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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