Posted: Thursday, 10 May 2018 @ 14:04
One of the services which my firm provides is helping parties prepare for mediation.
From experience there are two key failings of parties who do this namely they spend too little time preparing and moreover if they do spend time in negotiation preparation, they do the wrong kind of preparation.
But what is the most important variable which enables someone to get the most out of the negotiation?
Why is it that certain mediations fail or even if they do ostensibly succeed, one or both parties emerge with an outcome they are not really happy with.
The answer is that they failed to select or get themselves into position to select the right mediator.
A good mediator will be the key difference in enabling what is a complex and impossible dispute to resolve to becoming a negotiated agreement at the end of the day.
From experience some lawyers can be a barrier to selecting the right mediator particularly if you have two sets of lawyers who are in terms of style taking an adversarial approach.
It can easiy become a battle as to which mediator should be appointed.
Often recommendations come from a party who owes a favour to a mediator/likes the mediator or is just based on ignorance.
Recently my firm helped parties negotiate a dispute and I knew an excellent mediator and the other side's lawyer agreed with the choice.
The matter was tough but this mediator helped frame an agreement both parties could live with.
Both parties very happy with the work of the mediator.
The key reason was the other side's lawyer agreed with my choice.