Procrastinate, Litigate or Mediate?

Disputes come in many guises. When the parties cannot resolve their differences, or back down, the justice system beckons. But the system can be costly, painful, destructive, drawn out and the outcome unpredictable. The Jackson Reforms are impacting.

“Courts should be the last resort for people involved in civil disputes.” Ministry of Justice, 31 May 2013

Motivated by the need to tame spiraling costs and court lists, the Ministry of Justice increasingly expects the parties to have engaged fully in mediation prior to arriving in Court; and the Courts can be punitive if mediation has not been taken seriously. The Jackson Reforms have a significant impact on identifying costs in advance and on recovery, meaning that simply going to Court may not look like the best way to present your case or find a resolution.

Mediation is here to stay and all parties should understand how to use it, from simple failures in negotiation to the last chance saloon before Court or the Lands Chamber.

This seminar is about taking a different approach to problem solving - lateral thinking, understanding the real power of language, of using mediative techniques and of taking control - whether in a dispute or a negotiation that is spiraling into one. Ultimately it is about getting results, getting them quicker and cheaper, with better outcomes.

This course is not a training course for mediators. It is not simply about how to participate in a mediation. It is about what to do when you are in, or heading towards, a dispute. How, as a business, can you minimise the risk of litigation. It will cover people skills and different forms of mediation, as well as the consequences of litigation post Jackson. Court as well as Lands Chamber expectations will be dealt with. It will be run informally, encouraging participation, and provide opportunities for discussion and questions.