News & Insights

Thoughts from Bruce Greig, accredited Civil & Commercial Mediator, on mediation and negotiation
By
Bruce Greig
on
November 8, 2021

Arbitration: you hire a private judge in a private courtroom. Mediation: you hire a skilled neutral negotiator to help both sides agree a settlement.

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Mediation provides a swift, cost-effective alternative to waiting for a court hearing to resolve your commercial dispute.

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Fixed fee mediation for smaller claims. As a former business owner, I will understand the real issues behind your dispute better than most mediators. I'll help you and the other side navigate to an out-of-court settlement with the minimum of fuss and drama. Try mediation first before taking your chances in court. Over 80% of mediations reach a settlement.

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Even though a dispute might not be of your making, you might have to accept that you need to pay money to resolve it. View it like any other expensive unexpected situation: a customer goes bust owing you money; a key staff member falls seriously ill; a product you rely on is discontinued. These are all situations which will cost you money to fix, but you wouldn't begrudge that money - it is just a cost of doing business. Stuff happens.

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A collection of quotes from judges, mostly from the England & Wales Court of Appeal, extolling the virtues of mediation (or, more often, sternly berating the parties for coming to court without having first tried mediation).

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In this situation, a local education authority denies a child a place even though the child lives just round the corner from the school. It turns out the local authority were following a secret internal rule which did not appear in their admissions policy. Child wins.

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There are AI tools out there to help manage a negotiation. I take a look at SmartSettle One. How intelligent is it?

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There is a subtle dual meaning in Ray Dalio's Principle 3.3: "Appreciate the art of thoughtful disagreement"

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I’ve seen several situations where parents have helped their offspring buy houses. In none of these situations have the family thought carefully about whether they are providing debt or equity funding.

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A busy start-up deals rather carelessly with a founding employee and risks being taken to an employment tribunal. How is the situation resolved?

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In which a shareholder dispute looks like it might go sour, but is soon resolved amicably

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How a small primary school resolved a funding dispute with their local education authority.

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We look at the innovative terms agreed when a VC-funded startup acquired a much smaller niche software business.

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