This week I am delighted to welcome Fredrike Bannink, a mediator and much more from Amsterdam. Fredrike has recently published the Handbook of Solution-Focused Conflict Management. She has kindly allowed me to publish this extract from the chapter of her book about personal injury mediation. Is your case is suitable for mediation? Call me on…
I saw this story about a Californian personal injury claim being referred to mediation and this one about historic abuse cases being resolved by mediation and decided to ask my colleagues at the American Institute of Mediation why American and Canadian lawyers are so much more likely to use mediation to resolve personal injury disputes…
Mediation Position Statements The “traditional” preparation for mediation includes both sides exchanging position statements. My experience is these are often inadequately produced and simply regurgitate the contents of the pleadings. I prefer to receive a simplified statement which is focused on a few important issues. I want each party to prepare a position statement telling…
Risk Assessments Risk assessments are the foundation for success at mediation. The work done in the technical analysis of the case will feed directly into your negotiation strategy (that will be a subject of a later post in this series). In all probability most of the risk assessment will have been performed already but it…
Part 3 of the guide to your first personal injury mediation discusses selecting an appropriate mediator and arranging a suitable venue.
Part 2 of the guide to your first personal injury mediation looks at what cases are suitable for mediation. It gives some indicators that suggest a mediation might be a better option than a joint settlement meeting.
This 6 part series guides the reluctant personal injury litigator through the process of their first mediation. Covering matters such as timing, suitable cases, choosing a mediator and preparing for mediaiton.
Part 1 of the guide to your first personal injury mediation asks when is the right time to mediate. It is not about the proceedings – it’s about a positive answer to each of three simple questions.
A short outline of the steps needed to arrange a mediation.
The Government has published its ADR Pledge Report for 2008/09. It shows a number of personal injury cases have been successfully resolved through mediation and three of those are extracted here.
Hi, I am Philip Hesketh, a Commercial Mediator. I help lawyers and their clients negotiate settlements and resolve disputes.
Call me on 0845 056 3625
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