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...

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...

Mediation is effective in 80% of cases Although the reported figures vary, organisations and mediators typically report a success rate of 70 – 90% in mediations. Success is generally categorised as reaching a working agreement on the day. However, what is also...

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...

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...