COMMENT FOR THE DAY  #93
MEDIATION

The claimant’s lawyer is over-prominent. He is presenting problems, not solutions.

Two matters in your favour. First, the parties earlier good commercial relationship. Second, if there is to be a solution, then there is detail (part-payments, start of possible interest, technical detail regarding the product that should have been supplied by respondent) that needs to be addressed.

Your mind is working. You see a possible way forward. Divide + Rule. Here is the plan – you meet with the parties only + focus, slowly, on the previous positive side of the relationship – How did they meet? How did the relationship develop? The volume of t/o etc. You are trying to create momentum by recalling the positives. At the same time, the lawyers can be persuaded to save time + prepare a schedule of detailed repayments/interest/technical detail.

If this division works you may get progress but can you sell it?

THE ASSERTIVE LAWYER