I’m going to say it. Remote mediation works. In-person mediation works. Hybrid mediation is an inferior process.
I’m not sure why it has taken me this long to speak out about this but after seeing the same problems play out time and time again, I feel qualified to provide you with my perspective. I know I am not alone – every mediator I speak to about this feels the same.
Of the 130 mediations I have conducted over the last 5 years, 112 have settled. From the 18 mediations which have not settled I have noticed some common themes. I thought it would be helpful to share my insights.
Normally I start January with a sense of renewed energy. I often make a vision board and set goals for the year. This year I was carrying a different energy. I ended 2023 unusually busy and started 2024 in the same way. I was lamenting the lack of space I had to pause after a …
“I predict that compulsory mediation will spread to a place near you before very long”. Those were the words of Lady Justice Asplin talking to a room full of contentious trusts and probate lawyers in Venice in March 2023. I was due to speak on the topic a few hours later. I swiftly took out …
As a mediator, I regularly encounter difficult family conflicts which come to me when they have gone on for years, tens of thousands of pounds have been spent by each party and there has been so much hurt caused by words said, and particularly written. Often at that point, people say to me, “this could …
I am often asked what my mediation style is. In this blog I describe my style so that you know what you will get if you engage me as your mediator. My brand certainly evokes mixed reactions. I recently attended a mediation summer school where I met a very experienced mediator for the first time. …
Contentious trust and probate disputes are tough to resolve because of the emotion and psychology at play. Advising the client about the law is often the easy bit. Most cases settle without going to Court, so it is best to bear this in mind from the outset of the case. Whilst your client may tell …
I categorise mediation statements as the good, the bad and the ugly. I am often asked by lawyers what makes a good mediation statement. In this blog, I am going to help you to think more carefully about the power and impact of your word. You will notice I use the term “mediation statement” rather …
On Friday I concluded my final mediation of 2020; a heart-warming settlement with genuinely happy parties on both sides. Most mediations finish with both parties feeling mildly disappointed but relieved, so it is very rewarding when you see people move from anger and despair to happiness and peace. I feel quite emotional when I reflect …
It’s tough for families right now. Lockdown has enforced physical distance for the wider family unit. Tragically, some loved ones are having to deal with illness alone. People are even having to attend family funerals by video conference. The emotional scars of the corona crisis will run deep for years to come. But there are …