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Pre-Mediation Communication

Pre-Mediation Communication

Do you speak with the parties or the lawyers in the pre mediation stage?



Full Transcript

Again, there’s no fixed way of doing this. I mean inevitably, in the process in which we’re often involved, where lawyers are involved, one will have initial discussions with lawyers.


The more I think about this, and of course the more I expand into situations where lawyers are not necessarily engaged. I think one sees the value of engaging directly with the principals. I think this conversation causes me to think, again, about whether or not I should be making more of an effort to speak to principals.


Just as a couple of recent experiences, caused me to think whether I should be dropping a note to Mr. and Mrs. X, who had been involved in really difficult mediation. They had had very good legal representation. An outcome has been achieved that was very, very difficult for them.


Now I would write by email to the lawyers and say thank you very much. Blah di blah di blah. Please convey thanks and thoughts to your clients. Also I should drop a little note to the clients myself and just say I wish them all the very best, and how well they did on the day.


Because very often that assuredness of just that they’ve done well in the day is something which allows us then to close chapter off more effectively. So, yeah, I begin to think about all of that, and what does occur to me is that just turning up on the day of mediation. Meeting people for the first time, having read the papers, and somehow getting into gear, may work on some occasions, but, may, on many occasions be inadequate. If you are talking about platinum service for clients then we need perhaps to spend more time. And we may not be able to charge for this, or we include with our overall fee in the preparatory phase just as a little squeak up at the end, even if the day has been apparently successful, may make all the difference as to how people feel about themselves and about the process.

About the mediator

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As the founder and CEO of the Core Solutions Group, John has pioneered mediation and high quality training in business, the professions and commerce in Scotland and elsewhere. In Band 1 in Best of the UK in Chambers Guide, John has been involved in a broad range of disputes in the public and private sectors in the UK and abroad. “Widely recognised as a driving force in popularising mediation in Scotland, this commercial mediator remains one ... View Mediator