Many of my mediation colleagues have noticed an increase in the frequency of cancellation of mediations. Mediation cancellations invariably lead to cancellation accounts which mediators do not like to render and clients do not like to receive. The answers or explanations as to why these mediation sessions are being cancelled before take off are likely many, complicated and complex.
A productive mediation is the result of efforts made early and often by all concerned. Plaintiff counsel, defence counsel, insurance claims professionals, and other key players at mediation are involved in a symbiotic relationship each having an important role to play. Communications before and at mediation will help to minimize the costs and efforts expended in advance of and at mediation while still giving the decision-makers the greatest opportunity to make an
informed and sensible decision.
Consider substituting the phrase “thoughtful negotiations” for “compromise” as an attainable goal and a worthy objective at mediation. Thoughtful negotiations should lead the participants to a mediation to consider their words and actions, both before and at mediation, from a variety of perspectives and having regard for the impact and effect those words and actions will have on those involved at mediation.
Plaintiff’s in personal injury matters are often first time claimants and new to mediation. This paper is intended for Plaintiff lawyers to give to their clients in order to address some of the questions they may have about mediation.
This paper explores how mediation has the ability to convert the heated temperature of the dispute into an enduring settlement agreement.
This paper explains how personal injury insurance mediations are position-based, some of the common stumbling blocks in negotiations and why mediated settlements are still often seen as preferable to going to court.
This paper explores how to set yourself up for success during mediation and tips on breaking through negotiation barriers.
This article provides 13 tips to get the most out of your roster mediator.
This paper reviews the top mistakes when setting up for success at mediation.
This paper delves into some mistakes when setting up for success at mediation and ways to avoid them, from the plaintiff perspective.
This paper delves into some mistakes when setting up for success at mediation and ways to avoid them, from the defence perspective.
This paper reviews some do’s and don’ts to get the most of mediation.
This paper examines the objectives of mediation memoranda and opening remarks. It also makes suggestions regarding the content of written and oral presentations and the tone in which they are delivered.
This paper reviews some benefits gained from any attempt at mediation, including a “failed mediation.”
This paper reviews reasons mediations may be cancelled or may lead to less than favourable results.
This paper discusses reasons why settlement discussions in advance of mediation occur all too infrequently.
This paper provides 10 tips to prepare for and conducting a mediation on behalf of a defendant or insurer.
This paper reviews the tried and true method to preparing and writing a great mediation memorandum on behalf of a defendant or insurer.
This paper provides 10 tips to prepare for and conducting a mediation on behalf of a plaintiff.
This paper reviews the tried and true method to preparing and writing a great mediation memorandum on behalf of a plaintiff.
This paper provides tips, thoughts and strategies for before and at a mediation.
This paper describes the power and persuasion of numbers as a form of communication in a mediation.