Posts in Preparing for mediation
Eight Tips for Mediating High-Profile Construction Disputes

This article by Patricia Thompson summarises eight key strategies for effectively mediating high-profile construction disputes, emphasising the importance of early preparation, involvement of key decision-makers, confidentiality, and staged, ongoing negotiation. It also highlights the value of mediator proposals, expert input, and standing neutrals to manage complex dynamics, technical disagreements, and public sensitivities.

https://mediate.com/eight-tips-for-mediating-high-profile-construction-disputes/

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Construction disputes, Designing the mediation, Preparing for mediation, The mediation processNic ScampionBack to all Resources
Getting an elephant and a mouse to dance together

Andrew Hildebrand of IPOS Mediation looks at why mediating disputes between large organisations and individuals or small businesses—likened to getting an elephant and a mouse to dance—requires special skills to bridge vast differences in power, perspective, and priorities. A successful mediator must earn the trust of both parties, understand their unique concerns, and facilitate communication that fosters empathy and resolution despite the imbalance.

https://mediate.co.uk/blog/mediating-disputes-between-smes-and-large-organisations/

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Choosing a mediator, Designing the mediation, Preparing for mediationNic ScampionBack to all Resources
Insurer Considerations For Post-Pandemic Virtual Mediation

Jennifer Gibbs, Zelle LLP, looks at how virtual mediation, which surged in popularity during the pandemic, offers insurers significant benefits such as reduced costs, greater client participation, and faster resolution of disputes, particularly in large-scale or court-mandated cases. However, it also presents challenges—including confidentiality risks, jurisdictional complexities, and reduced engagement—that insurers must carefully consider when determining whether to continue using virtual platforms in a post-pandemic environment.

https://www.jdsupra.com/legalnews/insurer-considerations-for-post-4896057/

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Remote mediation, Preparing for mediationNic ScampionBack to all Resources
Confirmation Bias: Something Mediators Need to Appreciate

Charlie Young of Mediate.com looks at how research on the psychological side of mediation has highlighted the impact of confirmation bias, where ingrained perceptions can hinder dialogue and create impasses, requiring mediators to approach the process with empathy, non-judgment, and patience. Mediators can help facilitate breakthroughs by fostering inclusive communication, gently guiding participants through the slow reshaping of perceptions to reach mutual understanding and resolution.

https://mediate.com/confirmation-bias-something-mediators-need-to-appreciate/

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Designing the mediation, Preparing for mediation, The mediation processNic ScampionBack to all Resources
CEDR’s Complete Guide to Trusts, Wills and Probate Mediation

Trust, Wills and Probate Mediations are among the most challenging of cases. The intense mix of emotional, legal and financial issues can make achieving sustainable outcomes incredibly difficult.

To help lawyers who mediate in this sector, CEDR has put together a practitioner-led guide that offers practical advice on how to manage and prepare for your mediations.

https://indd.adobe.com/view/1d4785a1-87af-4ee6-b11e-0f34e65652c6

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Dealing with emotion, Negotiation, Overcoming impasse, Pre-mediation, Preparing for mediation, Proposing mediation, Succeeding at mediation, Suggesting mediation, The mediation process, When to mediate, Trust disputesNic ScampionBack to all Resources
CEDR's Complete Guide to Workplace Mediation

This guide is designed to help individuals responsible for addressing employee conflict within an organisation achieve better outcomes for employees and the business. Written by leading practitioners and combining CEDR’s institutional learning and understanding of conflict, this 35 guide covers:

  • What is Workplace Conflict?

  • What is Mediation?

  • The Difference between Workplace and Employment Mediation

  • What does Workplace Mediation look like?

  • How to set up your Workplace Mediation

  • Internal or External Mediator?

  • Confidentiality

  • Confidentiality Breaches

  • ‘Without Prejudice’

  • Managing Outcomes from the Mediation

  • Resources

https://indd.adobe.com/view/7cfbdbdd-d44c-46d5-a28c-13106f5947e1

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Commercial mediation, Designing the mediation, Is mediation appropriate?, Mediation styles, Preparing for mediation, Workplace disputesNic ScampionBack to all Resources
Further evolution of remote mediation expected post-pandemic

Zoe de Courcy and Phillipa Beck of Pinset Masons, explore how the COVID-19 pandemic has accelerated the adoption and evolution of remote mediation, making it a viable, cost-effective, and environmentally friendly option for resolving disputes, especially in international or simpler financial cases. While challenges remain—such as technical limitations and the lack of in-person dynamics—ongoing innovation and increasing mediator adaptability suggest remote and hybrid formats will continue to play a central role in the future of dispute resolution.

https://www.pinsentmasons.com/out-law/analysis/remote-mediation-post-pandemic

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Designing the mediation, Preparing for mediation, Remote mediationNic ScampionBack to all Resources
Effective Mediation Techniques for Complex Cases - Part Two

Part Two of Amy Dunn Taylor’s series explores the importance of establishing a clear timeline and preparation strategy for complex mediations, emphasizing the value of early communication, pre-mediation reports, and education of all parties. It also compares in-person and virtual mediation formats, highlighting the efficiency, accessibility, and increasing acceptance of virtual platforms while noting that potential technical challenges can be resolved with proper planning.

https://www.krcl.com/insights/effective-mediation-techniques-for-complex-cases-part-two?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration

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Designing the mediation, Preparing for mediation, The mediation processNic ScampionBack to all Resources
How Mediation Can Help Both Sides Win a Trade Secret Case

James Pooley of IP Watchdog looks at how trade secret disputes are often emotionally charged and rooted in broken relationships, making mediation an ideal tool to help parties identify the real issues and reach resolution before costly, protracted litigation unfolds. By engaging a skilled, evaluative mediator early, parties can address underlying emotional dynamics and business interests, ultimately reducing damage, preserving relationships, and achieving more satisfying outcomes.

https://ipwatchdog.com/2021/03/29/mediation-can-help-sides-win-trade-secret-case/id=131590/

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Choosing a mediator, Commercial mediation, IP disputes, Preparing for mediation, The mediation processNic ScampionBack to all Resources
Effective Mediation Techniques for Complex Cases - Part One

In part one of the five-part series on effective mediation techniques for complex cases, Amy Dunn Taylor focuses on the critical logistics that influence mediation success, especially timing and mediator selection. She emphasises the importance of mediating when parties are well-informed but not yet exhausted by litigation, and choosing a mediator with trial experience, subject matter knowledge, and strong interpersonal skills to guide productive dialogue.

https://www.krcl.com/insights/effective-mediation-techniques-for-complex-cases-part-one

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Preparing for mediation, The mediation processNic ScampionBack to all Resources
Five Principles to Maximize Chances of Success in Mediation

To maximise the chances of success in mediation, attorneys and clients should carefully select a mediator suited to the specific dynamics of the dispute, approach mediation collaboratively rather than adversarially, and maintain open, candid communication with the mediator. Success in mediation should be viewed not only as a settlement, but also as a valuable step toward understanding the dispute and creating the conditions for resolution, even if agreement is not immediately reached. By Rachel Gupta

https://mediate.com/five-principles-to-maximize-chances-of-success-in-mediation/

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Choosing a mediator, Mediation styles, Preparing for mediation, The mediation processNic ScampionBack to all Resources
Five Reasons Mediations Fail - How to Avoid Them - CEDR

Dr Karl Mackie CBE, of CEDR, identifies the most prominent five reasons why mediations fail and how to avoid them.

https://www.cedr.com/five-reasons-mediations-fail-how-to-avoid-them/?utm_campaign=Commercial%20Newsletter&utm_medium=email&_hsmi=96962213&_hsenc=p2ANqtz-9VRNbTsl3NknJx3SgHD-OPhRhK1au9VOY8CKi5uqme5bn8GVMqseK53VHK06097pczcpMibGChXSfcjJ28qMuRxB7JZTgNr4xDdJYQU6KrdzGtdM8&utm_content=96962213&utm_source=hs_email

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Negotiation, Preparing for mediation, Succeeding at mediationNic ScampionBack to all Resources