header-logo header-logo

07 March 2014 / Andrew Hildebrand
Issue: 7597 / Categories: Features , Profession , Mediation , ADR
printer mail-detail

Cracking it!

web_hildebrand

Andrew Hildebrand explores how mediation can demonstrate tactical strength

Deciding when and whether to mediate a client’s case can be a delicate balance. There are times though, and I don’t just mean those occasions where you feel that litigation may not be the best option, when mediation can complement your practice, such as when a relationship client is more likely to thank you for avoiding litigation, or where the amounts involved are relatively small and litigating is unlikely to be cost-effective. In those sorts of cases, clients will appreciate you delivering a quick, commercial result, just as they will if conventional legal remedies are likely to take too long or don’t offer what they want.

 

Mediation can also make sense where emotions are involved and the most effective way of sorting out a dispute entails getting to the heart of the problem. Maybe the parties don’t want what, to you, looks like an obvious solution, or despite your concerns about a case, they want their “day in court”.

The problem may be

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

Ogier—Martin Livingston

Ogier—Martin Livingston

Martin Livingston joins Ogier in Cayman to strengthen regulatory support

Blake Morgan—47 promotions

Blake Morgan—47 promotions

Blake Morgan announces 47 summer promotions across UK offices

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
back-to-top-scroll