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.

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Business Benefits

Secure your supply chain

Payment terms, cash flow, appropriate risk and accountability are elements which feature as underlying causes of commercial disputes.

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Identify emerging risks

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.

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Protect valuable relationships

Sustainable business is founded on good relationships, profitable contracts and repeat business.

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A project back on track

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.

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Shared values

Do you know what your customers and suppliers ‘value’? Do you share the same values, beliefs and assumptions?

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Restructuring

Restructuring is not always about cutting headcount. It can be about integrating technology, appropriate risk sharing, processes and procedures, and the structure of the business.

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Strategy

Strategy is often conflated with planning. It is not the same thing.

Strategy is Where?, Why? and What?.

Planning is Who? and When?

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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.

TESTIMONIALS

What The Parties Say

I was particularly impressed by the fact that the diminishing differences between the two parties were represented by Amanda coming into the room with smaller and smaller pieces of paper – starting with a large file and ending up with a Post-It™ note. This was presumably symbolic – but it worked for me!

Director

IT Sector

…we always learn something that we can change immediately to improve our performance.

HR Director

Education Sector

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.

Director

Chemical Engineering

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.

Solicitor

Banking Sector

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.

In-house Counsel

Manufacturing