THE DOMINATING SOLICITOR EPISODE 1
COMMENT FOR THE DAY #91
MEDIATION
The scenario. The solicitors representing the two parties to a dispute have advised their clients to pull back from the brink and, instead of going to arbitration, have decided to give mediation a chance. Your appointment as mediator is agreed.
The terms of your appointment — your fee, the structure of the mediation + the confidentiality issue — are settled. You are ready for the first meeting attended by the two solicitors + one director from each side.
The scene is set — a mediation room + two break off rooms for the parties + one for yourself plus your pupil attending her first hearing.
You have prepared your opening statement. All predictable + normal. You come over well. Your delivery + eye contact are good. Everyone is listening.
Now you become aware of something — small at this stage but a marker going forward. One of the lawyers tends to assertiveness over little things — the time for the opening statement; your time schedule going forward. You listen — you know that listening is so important. The other lawyer is more relaxed + goes with the flow. Problems ahead? Episode 2–24 May
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