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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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