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The Added Value a Commercial Mediation Gives to the Resolution of a Money Dispute. Singapore Management University School of Law Geoff Sharp, Commercial Mediator. Good Commercial Mediators…. Settle 80%+ of their cases Respect and protect the positions of all participants
Singapore Management University
School of Law
Geoff Sharp, Commercial Mediator
… and somehow manage to help settle cases without leaving a bad taste in anyone’s mouth
Emotional level is going up
Satisfaction of A's needs
Satisfaction of B's needs
The combination of the decline of the full trial with the development of new processes (many of them mandatory) to facilitate dialogue about settlement has changed the environment within which civil litigation occurs.
While the impact of these changes is greatest on civil litigators, it also reflects a new attitude toward the use of public adjudication - one that no longer assumes that this is the default dispute resolution.
*Julie Macfarlane, UVic Institute for Dispute Resolution
9.00am Pre mediation caucus on the day with each of the parties
9.30amMediator’s opening comments in joint
9.45amHigh level party openings in joint - lawyer and client combo - this often turns into an early interactive session
Identification of a sensible approach to the discussion (what I call the architecture of the day)
10.45amIn depth discussion in joint
1.00pmSeparate for lunch but with the mediator getting a ‘heads up’ from each group privately over the break and, in a multi party mediation, encouraging any natural (or empathy) groupings to connect
Craft proposals in private but importantly deliver in joint – talking to the science and merit of each proposal, often on the whiteboard
Repeat (once, perhaps twice)
By now we have communicated best numbers and the mediator’s role is to assist to close the gap, often moving off the science/merits. This can efficiently begin by shuttle but can often end with a joint meeting of a strategic mix of participants (just the mediator and decision makers, just the mediator and lawyers etc) when the gap is sufficiently narrowed. Expect false impasse here before eventual agreement after small group checks back with their respective constituents
Close the Gap
Mediator confirms agreement back to the joint group (‘let’s make sure we are all on the same page’). Expect a few wrinkles here as other minds are applied. Congratulations but we’re not quite done yet.
Confirm and Close
5.45pmConvene a drafting group while the others sit around chatting/not chatting depending on the day
7.00pm Close (well)