Mediator and Lawyer Karen Stott, of ADR & Mediation Services, discusses what the respective parties can do in a mediation to ensure they “get it right”. One barrier to cases settling is an overly adversarial approach taken from the outset, which is difficult to come back from, she writes. Karen recently gave a presentation on this topic for Legalwise Seminars.
As a Mediator, here are my observations regarding why various matters do and don’t settle:
Conversely, where matters settle, they typically have the following features:
Suggestions for Plaintiff Lawyers on getting it right:
Suggestions for Defendant Lawyers on getting it right:
All Parties:
Not only does that explain a lot of litigation in the first place, but now that we’re there: be mindful of these issues in how every participant at mediation behaves, speaks and engages throughout the entire process (meet and greet, joint opening, discussions & negotiations). Being emotionally intelligent, empathic and respectful can make all the difference between negotiating a great result – or not.
These tips may all sound very basic. But it can be easy to disregard some of them. Abiding them all, however, will ensure the most effective result.
Mediator Karen Stott is a lawyer with 20 years of litigation experience, and a nationally accredited mediator. She has practised in a wide range of areas, particularly health law and medical negligence, professional and government liability, personal injury and workplace relations. Having represented both plaintiffs and defendants, Karen has a unique appreciation of the parties’ different positions in terms of principles, values, bargaining styles, fears, concerns, and desired outcomes. Karen has a strong belief in the effective use of early alternative dispute resolution methods to achieve results which: produce a cost effective outcome for all concerned; enable an aggrieved party to be heard and validated; enable the conveyance of an apology or expression of regret and in turn, the validation of emotions and repair of relationships; enable the parties to communicate effectively and address the real issues, which may lead to a workable and truly successful resolution. Contact Karen at Karen@ADRmediation.com.au or via LinkedIn