What we nowadays call “mediation” is the practice of acting as a third party neutral between two or more groups or individuals in conflict to facilitate dialogue, improve the quality of conversations and find a settlement that satisfies the needs of all parties. Whilst the professional practice started in the early 20th century, the practice […]
I have had lawyers say to me: “We don’t need to mediate; we know how to negotiate.” This seems like a more extreme version of “We can settle cases ourselves at Joint Settlement Meeting (JSM) and mediation doesn’t add anything.” It misses a major option for negotiators. Increasing the options Some cases can be resolved […]
When Employment Tribunal fees were introduced, with effect from 29 July 2013, there was an immediate drop in the number of claims made. Last month The Supreme Court has said that the law imposing fees prevents access to justice and is therefore unlawful. The Government will now stop charging fees and will reimburse the fees […]
If you love rugby then like me, you will love the Lions. Once every four years, players from every nation in the British Isles, from clubs spanning the length and breadth of the land, come together united under one banner, with one purpose – defeat a southern hemisphere rugby giant. “This is your Everest boys”, […]
From Harvey Spector, the bullish litigator in the American legal drama ‘Suits’ to Theresa May describing herself as a “bloody difficult woman”, everywhere we turn, we are inundated with a confrontational, chest-beating style of negotiation. Recently I attended a CEDR Negotiation Theatre at Lloyd’s Market Association, structured around an insurance negotiation and as well as […]
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