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 Unless
both parties win,
mediation can be as pointless as litigation.
You'll probably want to avoid the risk, stress,
opportunity cost and sheer unpleasantness of going to court - and
arbitration is simply another adversarial alternative to litigation.
However, if you also want to win, there must be a remarkable understanding
between you and the Mediator you select.
So remember:
- The right Mediator will help you create your own
solution.
- The abilities, training and personality of your Mediator are
crucial. Choose with care!
- Although offering a congenial atmosphere and very low costs
- especially when compared with court procedures - mediation allows
disputing parties to vent their anger.
- Even when you know yourself to be in the right, you must be
prepared for positive compromise. After all, your opponent knows
they're right, too...
- Your aim is for all parties to achieve a worthwhile part of
their agenda - and, if possible, to rebuild the value of what
would otherwise be an ex-relationship.
- To achieve all this, without
authority, mandate, confrontation, judgement, or breach of confidentiality
is a real triumph for common sense. For an example, How
it Works.
- What next? Simply Contact
Max Parry (If you prefer, you'll find my full address details
on my Contact page.) Then we can discuss
the solution to your dispute.
- Meanwhile, the Lord Chancellor says: "we should see
litigation as the last and not the first resort in the attempt
to settle a dispute."
Finally: - Mediation is, essentially, a human
transaction. To discover a little of the human being behind the
service, simply Investigate Max.
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The CEDR Mediation Model: how to use it more
effectively
- The Centre for Effective
Dispute Resolution was launched in the UK in 1990, to develop
and improve non-litigious dispute resolution. Its methods and
techniques are internationally recognised for their practicality
realism and ability to deliver mutually satisfactory results.
- CEDR's greatest strength lies in the negotiating skills of a
neutral mediator who understands not only the facts of the dispute,
but also the pressures on the individuals concerned.
- In an ideal world, mediation is facilitative - the use of diplomacy
to help the parties reach a mutually satisfactory settlement.
- If, however, they still
find themselves incapable of coming to terms, the mediator may
need to suggest a neutral, non-binding evaluation, one that provides
a foundation for ultimate solution.
- Ultimately, however, the mediator must find a way of bringing
the warring factions together - because if mediation won't work,
litigation won't either.
- I admire and subscribe to the CEDR agenda - and so do those
who've experienced it as clients.
- However, there is a proviso...
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Mediation is a job for an individual -
but most mediators hunt in packs.
That's because they're members of (sometimes) quite large organisations.
In contrast, I am - and always have been - a sole operator; with
access, admittedly, to a global range of complementary skills.
This has certain advantages:
1) I've had to think on my feet.
2) I've found it easier to be fast on my feet.
3) And my clients don't have to pay the salaries and expenses of
a team of colleagues. When they work with Max Parry, they only pay
for Max Parry.
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