The recent case of Ohpen Operations UK Limited v Invesco Managers Limited provided further guidance on the (increasingly) common issue of the effect of a commercial contract imposing an obligation on parties to exhaust contractual dispute resolution processes before any court or arbitration proceedings can...
Hexagon Mediation will be holding two free seminars during Mediation Awareness Week Venue: Laytons, Fifth Floor, 2 More London Riverside, London. Negotiation and Decision Making at Mediation Tuesday 8th October from 8:15am - 10am This interactive seminar delivered by three experienced mediators will consider negotiating and decision-making in mediation...
Many in today’s world think that every dispute should or could be resolved by mediation and in truth that may be the case but there can be challenges. Black or White? On the basis that normally mediation involves a degree of compromise, there can be situations where...
I have had a spate of mediations recently relating to parties in the latter stages of their lives. A number of issues arise in these situations, that mark them out as cases where extra considerations may need to be borne in mind at the mediation. ...
Recent statistics indicate 67% of mediations settle on the day and a further 19% soon after. However, representatives and parties often experience difficulties in achieving settlement at some point during their mediation. The mediator’s key role is to help the parties achieve settlement in their dispute....
Every professional sportsman has a “game plan” – a plan to get the best possible outcome from their next performance. Mediation is no different – to get the best possible outcome you need to prepare in advance. The “game plan” for a mediation is very simple: Preparation ...
There are many disputes which are suitable for time-limited, or half-day, mediations. These include simple or single-issue disputes and disputes of low value where a time-limited mediation is appropriate on grounds of proportionality alone. However, I am often asked in more complicated disputes whether a half-day...
While statistics consistently show that the vast majority of cases at mediation result in agreement on the mediation day, around one third do not. So, in the cases that do not settle on the day, how can the mediation process still result in a positive outcome for the parties? The role of the...
I am sometimes asked by instructing solicitors when I make my initial telephone call: “Will it be OK if I just send you a copy of the pleadings and my client’s position statement will follow?” The pleadings are a useful background for the Mediator, but they should be read in...
Recent statistics indicate that 67% of mediations settle on the day and further 19% soon after. However, representatives and parties often experience difficulties in achieving settlement at some point during their mediation. The mediator’s key role is to help the parties achieve settlement in their dispute....