header-logo header-logo

24 January 2025 / Stephen Shaw
Issue: 8101 / Categories: Features , Profession , Mediation , ADR
printer mail-detail

Mediation: getting to yes

204781
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?

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

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
back-to-top-scroll