Mediation and Structured Negotiation
ACCELERATED DISPUTE RESOLUTION
According to Ministry of Justice statistics only 3% of claims brought in the courts of England and Wales proceed to trial. That percentage has been fairly consistent for several years. Claims are abandoned for various reasons including lack of funding for legal fees; many are thrown out and many more are settled before trial.
Mediation and structured negotiation are core business processes which accelerate the settlement route, conserve resources and preserve important relationships. The intervention of a skilled mediator makes all the difference in terms of speed, cost and outcome.
Early agreement can save thousands of pounds and hundreds of hours.
Business risks are a consequence of changing markets, availability of skills and regulation. The failure of a contract or business relationship is often a consequence of those factors.
Projects either fail or disappoint because people don’t spot or act on the early signs of a dispute. Good leaders don’t ignore the signs and act swiftly to engage with the emerging risks.
You Don’t Know What
You Don’t Know
A Black Swan event is a term coined by Nassim Nicholas Taleb in his book “The Black Swan: The Impact of the Highly Improbable”. The metaphor describes an event that comes as a surprise, has a major effect, and is often inappropriately rationalised after the fact with the benefit of hindsight.
What The Parties Say
…we always learn something that we can change immediately to improve our performance.
I found Amanda to be very effective demonstrating what, to me, are the key attributes of a mediator, namely being informed, incisive, challenging and encouraging. This was the case both in preparation discussions and on the day itself. Amanda was also quick to pick up on potential side issues which could affect the process, and also to pick up on key points from each individual’s perspective. Her broad background knowledge, not only relating to pensions, help both from a practical perspective and also to provide a credibility and wisdom to her presence.
Amanda’s style is different from other mediators that I have met. At times the process was not as comfortable as other mediations I have been involved with; that is not a criticism, more an observation of the effectiveness of her approach.
I liked Amanda’s approach of dealing directly with the clients. She did not ignore them and sought the views from all. Friendly and approachable.