Seeing success through a non-legal eyes
Mediation in the UK is voluntary and used as a tool in dispute resolution to help remove the heat of settlement discussions. To re-focus these discussions and redefine the parties' idea of success in negotiation.
Parties may come into mediation looking at the case through the eyes of their lawyers and stick close to their legal advice in a dispute. The ‘win/lose’ dichotomy needs to change to one of compromise - an outcome where both parties ‘win’ because they have settled their case. This is the challenge in Mediation.
Enhancing the chances of a successful mediation
There are several factors that contribute to a successful outcome:
Getting the deal done is an art, not a science. Mediation can support parties to come to a mutual resolution of their dispute, where the parties move on from a ‘win/lose’ dichotomy to a ‘win/win’ outcome through compromise.
This blog was inspired by an article in The Gard https://www.gard.no/web/articles?documentId=34086206