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? One side is getting heavy: ‘Tell them we can’t be here
