Commercial Mediation on 0780 288 8418

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Email: contact@berkeleysquaremediation.com

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Awareness of risk

The Law Society Gazette reporting this week said:

"The Solicitors’ Regulation Authority has uncovered a ‘clear correlation’ between firms in financial difficulty and increased risks to clients.  A review of 76 firms that suffered recent money problems found evidence of misuse or misappropriation of client monies at more than a quarter."

The number of mediations we carry out as a team of professional mediators in which there are lawyers present but they have not done a risk assessment of their clients' financial positions is huge.  If they are not rising to their higher "trustee" obligations they hold towards clients, solicitors are unlikely to be managing their own business well.

What is the MLATNA, the most likely alternative to a negotiated agreement?

What is the BATNA the best alternative to a negotiated agreement?

What is the MLATNA, the most likely alternative to a negotiated agreement?

If these questions are not asked in litigation the most likely outcome is everyone loses, except perhaps the lawyers, because the costs quickly begin to outweigh the possible settlement.  This is why it is sometimes the case that what the mediation is achieving is rescuing the lawyers from themselves, and for the knock on problem that no one can afford litigation when it is poorly conducted without thought to the expense to the clients or what their interests and needs are.

 


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