Business Conference

Mediation Seminars

Mediators listed on the Comsgateway, Mediator Directory are available to host mediation workshops and seminars. Between them our mediators cover an extensive range of areas of expertise. Events can be hosted in person or virtually. Mediators are happy to host either breakfast or lunchtime workshops for lawyers, professional groups or organisations.

How to work for your Mediation and how to make your Mediation work for you

STEPHEN SHAW, of Lamb Chambers, is a Barrister/Mediator specialising in the resolution of Property and Commercial disputes.

He has lectured widely to firms of Solicitors, Barristers’ Chambers and others, on Alternative Dispute Resolution generally, and Mediation specifically. He is available by appointment to help you with your understanding and application of Mediation skills.

All seminars can take place virtually or in person and can attract CPD points. Stephen suggests that a virtual seminar takes 45 minutes to 1 hour. An in person seminar can take place over 1 to 1.30 hours. The time and content of the seminar available below can be tailored to suit the attendees. Each seminar is aimed to be informal and generate discussion and interaction from all participants. There will be time allowed for a Q & A session at the end of the seminar. There is no charge for seminars that have a minimum of 20 attendees.

 

What makes Property and Commercial Disputes so apt for Mediation?

* maintaining relationships

* flexibility

* Expert Evidence

* economy of manpower

 

What Does the Mediator Want From You?

1. FOCUS – how to “get your head together” – but in an adaptable way

2. GIVE THE BOOT TO BOTTOM LINES – how to keep an open (though not empty) mind

3. LISTEN AND LEARN – properly hearing the other side

4. RESPECT THE BACKGROUND, BUT GET THE BACKROUND TO RESPECT YOU TOO – how not to ignore the past, yet progress

5. DON’T PLAY GAMES – it’s a loser

6. SWAP SIDES – the value of trading places

7. WHAT IF…….? – understanding the consequences of a non-negotiated outcome

8. KEEP FIT! – Biscuits Galore!

CASE LAW – COSTS

 

See generally: Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002

 

But more recently: see DSN v Blackpool Football Club Ltd (Rev 1) [2020] EWHC 670 (QB), For parties who are certain that they will win, a “watertight” case might, this once may have been sufficient to constitute a “reasonable belief” to the effect that mediation was inappropriate. But no longer. Mr Justice Griffiths: “No defence, however strong, by itself justifies a failure to engage in any kind of alternative dispute resolution”. The High Court has shown itself willing to penalise a successful party in costs for an unreasonable failure to mediate.

 

The judgment in Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 1050 (Comm) (30 April 2020) comes shortly after the decisions in DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) and BXB v Watch Tower and Bible Tract Society of Pennsylvannia & Ors [2020] EWHC 656 (Admin) where the Claimants successfully sought indemnity costs on the basis that the defendants had both unreasonably refused to mediate.

 

Ignoring a firm judicial recommendation to mediate: Gregory Fiskin Ltd v Carl {2021] EWCA Civ 792; Active Media Services Ltd v Burmester [2021] EWHC 352 (Comm) Waksman J, Garritt-Critchley v Ronnan - “Parties in truth do not know whether they are too far apart, unless they sit down and explore settlement.”

 

Meet The Mediator

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Stephen Shaw

Mediation - What is it? How can I use it? What can I learn from it?

RICHARD MARSHALL of Striving to Settle, was a Solicitor and Solicitor-Advocate for nearly 30 years, and is now a full time mediator and trainer. He has been involved with mediation since 1998, and since 1992 has litigated all manner of property and non-property related matters. For the last 13 years of his career he was a property litigator with DAC Beachcroft LLP, acting for Government Departments, NHS, and International Corporations on every type of property related litigation, including rights to lights, dilapidations, and a very wide range of landlord and tenant matters, as well as acting as in-house counsel for other areas of the firm, advising on planning, professional negligence, insurance claims and more.

In addition to litigating and mediating, Richard has delivered training through out his career, and been a Visiting Lecturer. 

The training session is delivered in three parts:

 

What is mediation? What are the benefits?

First, we’ll answer the question ‘what is mediation?’ People refer to it, but what exactly is it? It takes a number of forms. We’ll run through those forms, and then talk about how it works.

We’ll compare it to other options, and see the benefits it has.

 

How can I use mediation?

Many people feel it is only for large commercial disputes, divorce or small neighbour fall outs, but the truth is it can be used in a wide range of contexts. And it can really help you to do your job. I’ll go through the areas where is can be used, and how it can help to add value.

Going to a client saying ‘we haven’t reached our objective’ can, despite your best efforts, be disheartening. So it’s better to go to them with options of how to move things forward.

And the best option in many situations if to be able to suggest mediation; that there is a way of potentially resolving the issue without costly litigation and delay.

 

What can I learn from mediation?

This is where it gets really interesting! A mediator has a series of skills that are directly transferrable to your ‘day job’. We’ll go through these, so that you come out of the session with additional skills that you can apply to your practice. And indeed any area of your life, be that colleague interaction, or even with family and friends. Mediation skills are, after everything is said and done, ways of interacting with people, many of which you may already use but there is always more to learn.

 

 

Meet The Mediator

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Richard Marshall

The Cost of Conflict

 

Are you struggling with budget constraints?

Do you need to make efficiencies without compromising the quality of your services?

Have you ever considered the cost of conflict in the Workplace?

 

 

Meet The Mediator

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Antonia Rogers

 
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