COMMENT FOR THE DAY #91

MEDIATION

The scenario. The solicitors representing the two parties to a dispute have advised their clients to pull back from the brink and, instead of going to arbitration, have decided to give mediation a chance. Your appointment as mediator is agreed.

The terms of your appointment – your fee, the structure of the mediation + the confidentiality issue – are settled. You are ready for the first meeting attended by the two solicitors + one director from each side.

The scene is set – a mediation room + two break off rooms for the parties + one for yourself plus your pupil attending her first hearing.

You have prepared your opening statement. All predictable + normal. You come over well. Your delivery + eye contact are good. Everyone is listening.

Now you become aware of something – small at this stage but a marker going forward. One of the lawyers tends to assertiveness over little things – the time for the opening statement; your time schedule going forward. You listen – you know that listening is so important. The other lawyer is more relaxed + goes with the flow.
Problems ahead?
Episode 2 – 24 May