August 5, 2018
The parties will need to agree a venue for the mediation. If at least one of the parties is legally represented, it may be that their solicitors may be able to host the mediation. Sometimes a party might prefer not to attend a mediation at the other party's solicitors' offices, instead preferring a neutral venue. There are advantages in holding the mediation at a solicitor's office, particular as there are likely to be printing and copying facilities available, which are helpful when writing-up the settlement agreement/Tomlin Order. In contrast, a neutral venue will usually have costs associated with it. I have mediated at solicitors' offices, workplaces, hotels, business suites and even a football stadium.
Wherever the venue, at least two rooms are needed (one room for each party). One of the rooms should be large enough for a joint meeting (holding all of the attendees, including the mediator). It is also helpful for there to be a small room for the mediator.
The rooms should be soundproof and ideally, not next to each other. It shouldn't be possible for a party to see what is going on in the other room.
It is also helpful for the rooms to have WiFi, and for coffee, tea and water to be available throughout the day.
Posted by Stephen Wood. Posted In : Mediation Venue
April 1, 2018
On Friday 20th April, Regent's University London and the Tutu Foundation UK present the third Desmond Tutu Annual International World Peace Summit 2018: Mediating the Impossible.
The conference speakers will include FW de Klerk, Lord Michael Hastings, Baroness Shirley Williams, Sir Graham Boyce, Professor Aldwyn Cooper and Paul Randolph, among others.
https://www.regents.ac.uk/events/peace-summit-2018
I am looking forward to attending what should be an interesting and entertaining day.
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Posted by Stephen Wood. Posted In : Regent's University London
March 4, 2018
Opening offers can help make or break a deal. A reasonable opening offer can help achieve an 'anchoring effect', tilting the settlement in that party's favour.
However, an overly aggressive opening offer can significantly hinder the chances of settlement. As a mediator, I often find it helpful to try and explore that party's interests and bargaining strategies, by asking:
- How do you think that offer is likely to be received?
- How might you react to that offer if you were in the other party's sh...
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Posted by Stephen Wood. Posted In : Opening Offers
January 21, 2018
When I was in Maynooth, Ireland, in December 2017, (attending a negotiation course), one of the key topics the attendees were discussing (other than Brexit) was the Mediation Act 2017.
Ireland's Mediation Act 2017 was enacted on 2nd October 2017. The Act contains provisions for a comprehensive statutory framework to promote the resolution of disputes through mediation as a viable, effective and efficient alternative to Court proceedings. This is done in order to reduce legal costs, speed up ...
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Posted by Stephen Wood. Posted In : Ireland's Mediation Act 2017
January 7, 2018
CEDR and the University of Law have announced the launch of the 2018 National Student Negotiation Competition for England and Wales.
Pairs of Law Students will compete against other to negotiate a series of challenging scenarios. The national competition consists of regional heats in Bristol, Chester, Leeds and London on 24th February 2018. The national final will take place in London on 24th March 2018.
More details are available from CEDR at
www.cedr.com Continue reading...
Posted by Stephen Wood. Posted In : Negotiation Competition 2018
December 17, 2017
Harvard's Program on Negotiation is committed to improving the theory and practise of negotiation. The goal of the Program on Negotiation's PON Global Course is to bring their best thinking, research and expertise to people around the world who want to improve their ability to negotiate.
I attended the PON Global Course, hosted by Maynooth University, Ireland in December 2017 and was impressed by the content and structure of the course. The content was combined with practical exercises, whic...
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Posted by Stephen Wood. Posted In : Harvard
November 29, 2017
It's only 7 days until I commence Harvard Law School's Program on Negotiation!!!
Harvard have been offering the executive education program for more than 30 years. As an experienced mediator, and also as a practising dispute resolution solicitor, I'm hoping that the course will provide an advanced, international perspective on these essential skills.
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Posted by Stephen Wood. Posted In : Harvard
October 22, 2017
Online mediation is very similar to face to face mediation but the meetings take place over webcams on a computer, tablet or even a smartphone, rather than in the same room.
Online mediation may be preferred if:
- The parties does not liver near to each other, or indeed, if they are in different countries;
- The parties do not live near to a mediator;
- The parties wish to save time travelling to the mediator;
- A party considers that they would be at risk of harm if they were in the same room as the oth...
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Posted by Stephen Wood. Posted In : ODR
August 28, 2017
Common causes of disagreements at work include:
- Unclear job roles
- Insufficient training
- Poor management
- Poor communications
- Poor work environment
- Unfair treatment
- Bullying and harassment
- Lack of equal opportunities
ACAS identified the above factors in '
Managing Conflict at Work'. Some of these issues can by the direct cause of the conflict, for instance discrimination and bullying may be the direct causes in themselves. Sometimes however the causes of conflict may suddenly flare-up after remaining d...
Posted by Stephen Wood. Posted In : Causes of conflict at work
August 28, 2017
Many different types of dispute can arise out of a deceased's estate. These can include disputes concerning:
- Lack of testamentary capacity;
- Lack of due execution;
- Undue influence;
- Construction or interpretation of a Will;
- A failure to make adequate financial provision (pursued under the Inheritance (Provision for Family and Dependants) Act 1975); and
- Disputes during the administration of estates.
Mediation is ideally suited to resolving such probate, wills and inheritance disputes in London. Famil...
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Posted by Stephen Wood. Posted In : Probate mediation London
