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The right approach

14 December 2012 / Steven O'Sullivan
Issue: 7542 / Categories: Features , Procedure & practice , ADR
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Intransigence has no place at the mediation table, says Steven O’Sullivan

As someone who defends claims against solicitors for a living, I am quite a fan of mediation. It can be a great alternative to the expensive roulette wheel of litigation, allowing parties to determine their own settlement rather than having a solution imposed upon them by a third party. Entrenched views can be challenged not just by the opposition, but by an objective third party (the mediator) who, if skilful, can make the parties wake up to the problems and risks involved with their case. However, mediation can be pointless unless the parties involved approach the process constructively. I want to illustrate this point with a particularly bad experience that I had at a mediation recently.

A case in point

The facts of the case are complex and involve multiple parties. One of those parties, the claimant, is a lender who (generally) is a multiple victim of negligence by professionals. Thus they are no strangers to this type of claim. The other

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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