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Lessons from Your First Mediation

Lessons from Your First Mediation

What did you learn from your first mediation?



Full Transcript

I learned a lot. It settled on the second day, but the first day it was going really well. I can remember saying to the claimants at the end of the first day, “It seems to me that there’s going to be a deal around £1.5 million, something like that. If that was on the table, would you be interested?”


They said, “I played golf with their chief executive last Sunday and he offered me £2 million and I turned that down, so why should I accept £1.5 million today?” We went into the second day. That’s when I learned a thing, which is to talk about settlement offers before we started so that I knew where the starting point was.



Settlement offers, although they might have been withdrawn, are still in mind. People know at some stage they’ve prepared to accept the settlement. No matter what’s gone on since, that’s still in the back of their mind. Most people will assume that’s what will happen in the mediation. They’ll try to change that, but most people assume. They’ve been prepared to offer that at one time. They’re still prepared to offer it now.

About the mediator

David Richbell Profile Pic

The late David Richbell was one of the most respected mediators and most experienced non-lawyer mediators in Europe. David had been a full-time mediator since 1996. He was the founder of MATA, one of Europe’s leading training provider for advanced mediator workshops and David was arguably one of the best mediation trainers around. Chambers Directory thought of him as ‘possibly the nicest person in mediation’ – judge for yourself when you... View Mediator