What Djokovic can teach us about digging deep in Mediation.
The great thing about mediation is that these unexpected “switch” moments. Someone thinks outside the box and breathes new life into it.
Stephen Shaw
Property, Civil & Commercial Mediator
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Areas covered
property, Civil and Commercial Mediation
My Commitment to Mediation
I began mediation work during the last 10 years of a busy career as a litigation barrister at the London Bar. I moved into it gradually because of the heavy demands of practice, but it became clear, quite soon, that for many, perhaps most disputes, there was a better form of conflict resolution. On a daily basis I was involved in stressful and costly litigation, often with speculative outcomes, in which neither side was the true “winner”. Cases often involve multiple issues, not all of which are decided one way, and with the rise of split costs orders, “victory” sometimes came at a disproportionate price for the parties.
Factor in delay, management time, unpredictability of outcome, and there is a strong argument for talking, really talking, to the other side, in a managed way, and at an early stage – not, as was so often the case, for the first time on the courtroom steps, when the costs had effectively been incurred, and positions were entrenched. To have this talk, to meet the opposition, and to engage, takes strength, not weakness – but the statistics show, time and again, that it works.
Background
I worked for over 30 years at the Bar, starting as a generalist, but for most of that period, specialising in property and general contractual and commercial disputes – at Lamb Chambers, in Middle Temple. I am now an Associate Member, and work exclusively as a Mediator of such disputes. I am also a Judge of the First Tier Property Tribunal, and a Deputy District Judge in the County Court.
Mediation Style
I have a good practical feel for how judges might respond to cases and arguments, and bring this experience to bear in my mediation work. I have been described as sensitive to the parties, in what sometimes are highly charged situations, and patient in hearing their narrative. At the same time, I am usually booked for one day, and am therefore highly conscious that we need to keep focused, and remain “on track.” I will leave no stone unturned in seeking an overall resolution acceptable for both sides, and am passionate about my work.
I am happy to talk to parties by Zoom or telephone if they wish first to meet me, before any mediation is fixed.
Property, Civil and Commercial Mediation
Specialising In:
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All Property Disputes
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Landlord and Tenant (Commercial and Residential)
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Professional negligence
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Dilapidations claims
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Service charges and leasehold enfranchisement
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Commercial/Contract
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Building and Development Disputes
Qualifications
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Harvard Business School (Online Negotiation Mastery Certification)
Testimonials
Daniel LevyPartner and Head of Property Litigation
Mishcon de Reya LLP
Stephen is a calm and measured thorough and effective mediator, focused on bringing the parties together. Our experiences have been positive, and the outcomes successful. We would be pleased to use Stephen again.
Stephen Shaw is an excellent mediator. He resolves disputes in a way that allows parties to compromise without feeling that they have settled disadvantageously.
He is calm in his approach and exudes a friendly authority. Parties feel that he understands their concerns and position. This encourages parties to be positive in their attempts at settlement.
He avoids exacerbating conflicts between parties. By gaining their respect he is able to move parties gently towards settlement in even the most unpromising situations
Stephen was well prepared and focused on the main issues. He had a calm, courteous and professional approach and, most importantly, was able quickly to gain the parties' trust. On several occasions the client was ready to walk. However, the manner in which Stephen handled the mediation persuaded him that it was worthwhile to stay. Stephen worked exceptionally hard to achieve a settlement and did an outstanding job in a difficult situation with strong willed parties.
Stephen was engaged to act as a mediator for a dispute that had certain sensitivities. I thought his approach to the mediation throughout in no small part resulted in the dispute settling and I would have no hesitation in proposing him as a mediator in the future
Awards
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Exclusive winner of Lexology Client choice 2021 Mediator award
Mediation Seminars
Stephen Shaw is available to conduct mediation seminars and workshops. These can be held either virtually or in-person, to meet the needs of the clients, firm or organisation. Mediation seminars are free for those attended by 20 or more participants.
