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Mediation: How to get the parties to the table

Nobody can be forced to go to a mediation so people need to choose to participate.  This article aims to answer questions I am often asked about what is often the most difficult part of the process – getting people to show up in the first place. How can I convince the...

Mediation, neuroscience and the 7 ancient instincts

What are the 7 ancient instincts? Jaan Panskepp, a radical neuroscientist identified human beings are driven by seven ancient instincts, or “primary-process affective systems,”. These are seeking, anger, fear, panic-grief, care, pleasure/lust and play.   The...

Essential tips for employees in workplace mediation

Most employees will only ever mediate once, if at all, during the course of their career. Equally, many organisations generally do not use mediation as a matter of course so there is not a culture of early resolution embedded into the organisation. Rather, the...

Mediation: Isn’t it better to win at court?

A client was refreshingly honest with me at a mediation seminar I gave recently saying "I've never been particularly keen on mediation because quite frankly it is better to win at court".   Mediators, including of course myself, are incredibly focussed on the...

Mediation tactics: Essential tools for lawyers

The increase in take up of mediation in previously aggressively litigated civil and commercial cases has created an increasingly sophisticated set of tactics employed during the course of the average mediation.   Lawyers are aware that even though most cases...

3 tips to keep down legal costs and win

All too often, discussion of settlement figures revolve predominantly around the costs of the litigation or, indeed, pre-litigation to date, than the case itself. This can be difficult not only for the parties involved but also for advisers who risk compromising their...

When to mediate?

Sometimes the most obvious questions are the ones that go unanswered. These include: Should we go to mediation? What are good conditions for mediation? What factors should be taken into account? Having considered the question at length during the course of mediations...

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