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 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.
You Don't Know What You Don't Know
Mediation adds value at any stage of a dispute: the earlier the better. An early agreement can save thousands of pounds and hundreds of man hours. There are other benefits too.
- A project back on track,
- supply chain secured,
- improvements to processes,
- emerging risks identified before they become liabilities,
- valuable relationships restored before it is too late.
Sometimes all it takes is a pause in the cycle of blame and denial just long enough for a structured and well managed face-to-face meeting. The independent third party makes a big difference to the quality of that kind of meeting.
Arranged to Suit the Parties
Location to Suit the Parties
One Size Doesn't Always Fit All
Designing an effective mediation process is like baking bread. Whatever kind of bread you are baking, the ingredients are broadly the same. The differences lie in the ratios and nuances. Quality ingredients and skilled execution make a big difference to the quality of the final product and preparation is king.
Includes up to 4 hours preparation, 1 day mediation and reasonable follow-up.
Appropriate for: most commercial cases
1 DAY preparation Plus 1 day mediation
Includes up to 10 hours preparation, 1 day mediation and reasonable follow-up.
Appropriate for: commercial cases and employment cases
Includes up to 10 hours preparation, half-day mediation to narrow issues, follow-up and further 1 day mediation.
Appropriate for: complex commercial cases, multi-party disputes, construction projects and disputes involving interest groups and unions.
Includes up to 10 hours preparation, 1 day Open Space and 1 day follow-up.
Appropriate for: groups from 6 to 100’s. Suitable for complex problem solving, designing strategy and plans, multi-layered teams and disputes between departments.
Business Benefits - Strategy
Business Benefits - Restructuring
Business Benefits - Project Management
Business Benefits - Financial Planning
Strategy v Plan
Strategy is the ‘where?’, ‘what?’ and ‘why?’. A plan is about tactics: ‘how?’ and ‘by whom?’. The terms are often confused.
Read this article from my favourite ‘thoughtful’ blog.
Grand strategy is the art of looking beyond the present battle and calculating ahead. Focus on your ultimate goal and plot to reach it.Robert Greene
What The Parties Say
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.
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.
…we always learn something that we can change immediately to improve our performance.
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.