Charles Feeny

I have regularly been a mediator in disputes in my core practice areas of personal injury and clinical negligence. I have developed a wider mediation practice including social housing claims against local authorities and data protection. Every mediation is different which is why I find it so stimulating. However, there are 2 golden rules.

First, ensure everyone involved is comfortable with the process. This can some time with Individuals who are understandably apprehensive. Establishing a rapport is vital before significant discussion.

Secondly, recognise the danger signs. Most negotiations fail because they proceed too quickly or too slowly. Too quickly if parties are locking them selves into final positions too early. Too slowly if each party is waiting for the other to make a move. It is important to see what is developing and keep the mediation on track.

From the feedback I have received I believe I draw on my extensive experience as a litigator whilst mediating. I have always tried to be approachable and down to earth with individual clients recognising that the process can be stressful for them. I have observed in negotiation rigid positioning making settlement impossible.