Replacing Hindsight with Insight

“I wish we would have considered mediation with you earlier on instead of the protracted legal proceedings “.

Hindsight is a wonderful thing. As a mediator it is almost a given that early on in the course of   mediation both parties choose to share this type of conversation with me. This realisation of having missed opportunities is something that we try to turn on its head. Rather than dwell on the past we channel these sentiments to a new found belief on the part of both parties to ensure that they work to a realistic solution and settlement.

The growth in commercial mediation, although in part can be ascribed to the cost of legal proceedings. That in itself is only part of the story. An equally significant factor is a paradigm shift in the mind-set of the parties involved. From a win/lose impasse of legal proceedings to a more pragmatic business approach that is interested in quickly resolving the issues at hand so that those concerned can move forwards and focus their attention on growing their firm’s business.

Two questions to consider when embroiled in a commercial dispute:

  1. Are my legal team advocating the use of Mediation
  2. Are they skilled in using it?

If the answer to either question is “No “ then one should question bearing in mind that mediation is quick and cost effective why wasn’t it suggested? And what would be the best way forward for the clients?


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