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24 January 2025 / Stephen Shaw
Issue: 8101 / Categories: Features , Profession , Mediation , ADR
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Mediation: getting to yes

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When the wheels are threatening to come off in negotiations, what can the mediator do? Stephen Shaw offers some top tips for getting things back on track
  • There are several simple strategies worth trying in order to come to a resolution during a tricky mediation. These include getting opposing counsel or insurers together in person, or even taking 30 minutes out for a walk to take stock.

Most lawyers who have mediated, and certainly most mediators, have been there.

You started the mediation at 9am. Everyone has worked hard. Both sides have moved. Some of the issues have been resolved, provided they can be part of an overall package. The gap has definitely been narrowed. But there’s still a gap—and it’s a significant one. A deal-breaker. It’s 4pm.

It could be anything. Often it’s money, but it needn’t be. Commercial disputes have a multiplicity of features. It could be a wide range of possible issues. But unless its cracked, there will be no settlement.

What to do?

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

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Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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