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Recently we resolved a 30 year old dispute relating to property that no one thought would ever settle but us

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The importance of confidentiality – mediation reports to court in India should be one sentence about if it did or did not settle

The Delhi High Court, on Monday, held that a mediation report should only contain one sentence and nothing more, in order to maintain the confidentiality of proceedings. The Bench comprising Justice S. Ravindra Bhat and Justice Yogesh Khanna noted…

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Its MEDIATION AWARENESS WEEK so do you know what automatic referral is?

What we need is AUTOMATIC REFERRAL to see a mediator for a discussion as to how mediation works so that the parties in question can decide for themselves the best type of process for the resolution of their dispute.  Knowing that mediation is quick, cheap, effective and creates lasting change might mean that parties prefer a process that allows them to come out knowing they have sorted things out for themselves.  What process can be better than choosing the outcome that works?

How to choose the outcome that works?

It is sometimes very difficult for a party to make a decision about what to do in mediation and then stick to it.  In the field of Behavioural Economics it is suggested there are two types of decision making.  Type 1 is made of a hunch, guess, gut feeling or a sense of just knowing while Type 2 is made by analysis, looking at numbers, probabilities, strengths and weaknesses, different outcomes and the effect they may have, pulling everything apart and putting it back together.  We believe that working hard on Type 2 in mediation facilitates parties to come to a Type 1 decision based on the reality of their position and the position of the other, as in the light of the changes that happen in mediation they find themselves able to choose an outcome that works.  It is still a difficult decision and in the cold light of the next few days or weeks, a party may have doubt as to why they made that choice and need to remind themselves of what was said and done and talked through before they decided what the outcome would be. Legal rights change once a Settlement Agreement is drawn up, checked and signed by both parties to form a new contract.

The importance of costs sanctions

Mediation can avoid costly longwinded litigation which is emotionally, physically and personally demanding of the parties.  Who would choose sleepless nights and uncertainty over actively taking control of the dispute in mediation and working at it to find a doable and workable solution?  A party who chooses the outcome as is the case in mediation can come out financially better off and infused with grace, self-respect and integrity.  Mediation is cheap, quick and efficient as well as creating closure so parties can get on with better things.

However, without the courts supporting that choice by making effective costs sanctions against those who choose not to be willing to mediate, the courts will be over worked and running up exorbitant legal fees for parties before even reaching trial.

Conflict is a positive gift to be embraced

Conflict can be seen as a gift of energy, in which neither side loses and a new dance is created – – – Thomas Crum

Approaching conflict from a different perspective can make a huge difference to how it becomes settled in mediation.

What you are really looking for also wishes to be found?

What I want also wants me

When I run after what I think I want,
my days are a furnace of stress and anxiety;
if I sit in my own place of patience,
what I need flows to me, and without pain.
From this I understand that
what I want also wants me,
is looking for me and attracting me.
There is a great secret here
for anyone who can grasp it.

~ Shams Tabrizi

Gambling businesses like any other business are required to offer alternative forms of dispute resolution like mediation

Businesses need to make ADR available for quick, cheap and effective dispute resolution.  It is to the advantage of all involved to ensure a dispute is dealt with well in a timely fashion so it does not fester and interfere with progress and production.

See this helpful guide:

Beware of costs consequences in losing your rag in neighbour disputes – mediate instead?

Mr Justice Warby said in a case just before Christmas called Barkhuysen v Hamilton said:

‘But if a litigant chooses to litigate mendaciously and, despite the court’s every effort, in a disproportionate way, and if she thereby causes considerable additional costs, the litigant is in a poor position to cavil when confronted with the costs consequences.’