header-logo header-logo

21 May 2010 / Michael King
Issue: 7418 / Categories: Features , Profession , Mediation
printer mail-detail

Bridging the gap

profession_4

Adopting the right approach to mediating legal disputes is vital, says Michael King

As counsel, my experience of mediation has been gained both as mediator and mediated. Nearly all the mediations have involved litigation relating to trusts, wills, estates, professional negligence, and partnership. Proceedings have either been commenced, or have been imminent, and the parties have generally been represented by experienced solicitors and counsel.

In such mediations one question often arises: what approach should the mediator adopt when there are no other interests of the parties that could assist in effecting a compromise and the only possible means of reaching agreement involves a settlement of the issue(s) raised in the proceedings?

Approach of the mediator—evaluative or facilitative?

I shall assume that the mediation is attended by the parties with a genuine desire to compromise. Unfortunately there are a few mediations where one or other party has no such desire or where one or more of the lawyers present is so inflexible that the mediation is effectively doomed from the outset, but I will ignore this situation.

It is, of course, entirely natural

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll