Mediation is about creating solutions that work for the parties. It works because the parties are able to think creatively about what works for them rather than being constrained by the remedies a court can award. It removes risk, stress and costs.
No wonder it has been growing in prominence as a dispute resolution method for many years and is now an essential part of a litigator’s toolkit.
At Maitland we have a lively and vibrant mediation practise with 5 mediation accredited barristers practising mediation and many more routinely acting for parties in mediations.
We understand that to be effective mediators we need not just to have a firm grasp of the legal principles and commercial reality but also to offer emotional intelligence and flexibility so as enable constructive engagement and negotiation to take place and a successful resolution to be achieved. Our members are able to supply not just the usual mediator skills of facilitation, but also the specialist knowledge and experience which enables them rapidly to grasp both the legal and commercial issues arising in the dispute and to engage in appropriate and active reality testing with the parties.
Mediation is not just about the meeting. Our mediators are keen to give the parties the best possible chance of achieving a successful settlement and so ensure that we have thoroughly prepared both by reading the papers and by speaking with the parties’ advisers well in advance of the meeting. That first contact with the parties’ advisers is invaluable in ensuring that our mediators have a proper understanding of what drives the dispute, over and above the parties’ respective legal positions.
On the mediation day, you can expect empathy tempered with realism based on the commercial and legal circumstances of the dispute. Whilst we work hard to assist the parties in reaching a settlement on the mediation day itself, we are proactive in helping the parties agree a roadmap for future settlement discussions if it doesn’t settle on the day. You can expect our mediators to keep in touch with the parties’ advisers and suggest a variety of further strategies to keep the dialogue going and to keep settlement opportunities alive.