header-logo header-logo

Building blocks

12 December 2014 / John Sturrock KC
Issue: 7634 / Categories: Features , ADR
printer mail-detail
ciarb

How can the best result in mediation be achieved for all parties, asks John Sturrock QC

Mediation is an extremely useful tool in the armoury of any conflict resolution professional and in the range of options available to clients to manage the risks they face in unresolved disputes. But it remains a challenge, sometimes, to get this message across.

Understanding

The first building block, therefore, in achieving the best result is to make sure that the clients (principals, decision-makers, funders and others) understand what they are engaging in. It is not enough, I suggest, for lawyers to assume that the clients will “get it” or that they do not need to understand precisely how mediation works. Mediation is, par excellence, the clients’ process and excellent lawyers appreciate that their own job will be easier if they work collaboratively with the clients. Similarly, presenting mediation as an opportunity for positional bargaining, for focusing on “gaming” the mediator and/or the other parties or playing hardball are not conducive to best results. Mediation works well when everyone understands that seeking to maximise all interests will maximise outcomes—for all.

Preparation

Early

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll