mediation Expertise
With a good working knowledge of employment law and extensive commercial experience, I have successfully mediated in the following areas:
Commercial with a significant disagreement between a client and a supplier of IT services which was already the subject of litigation
Company founders where company founders discover over time that their commercial and life objectives are markedly different or where the relationship has simply broken down
Partnerships with the most recent example leading to a change of leadership and governance within the partnership
Workplace typically focussing on the breakdown of working relationships
Employment across a range of topics which include long term sickness and return to work, sexual assault, performance management and pending or failed grievances
Shareholder including resolving concerns about business performance and strategy
Boardroom where I have helped a number of leadership teams to have challenging but fruitful discussions about significant issues relating to performance, structure and strategy
On occasion, I am not mediating, but facilitating a difficult discussion. The name attached to the activity is not that important, but the outcome is, typically mutual agreement on a potentially challenging subject.
I deliver workplace mediation services to the clients of a leading law firm, including:
A mediation for a professional services firm regarding a long standing dispute between a partner and a member of staff
A mediation for an iconic tech brand concerning a long term absence from work
Delivering a training programme on mediation for the HR team of a major client
Mediation process
When I am approached about a mediation, those involved are running out of any combination of patience, options, choices and energy. On occasion they are angry and frustrated. It is my responsibility to respond quickly to these approaches and to listen carefully to the anger and frustration.
A good mediator needs patience, insight, high levels of empathy, stamina by the bucketload and humility.
I’ve never been afraid to have difficult and challenging conversations and negotiations. I’m a bit of a change junkie and enjoy the challenge of developing and maintaining relationships in the most difficult of circumstances.
Good communication and listening skills are key to coaching negotiations; I like to combine a relaxed, good-humoured style with a well-disguised sense of urgency and drive, and am unafraid to try new, imaginative approaches to mediation if the situation calls for it.
Typically I will sit with those involved separately and confidentially to understand the dispute, its history and how it might be resolved. I will ask those involved to prepare for a joint meeting, where there may e.g. be legal advisers present, and bring a written statement along the following lines:
An assessment of why I am here
What I am prepared to do differently to resolve the dispute
What I expect as a result of the dispute being resolved
What I expect others to do differently to resolve the dispute
What success looks and feels like
What happens if nothing changes
In the joint meeting, which can take place in the same room or separately, those involved will listen carefully to the statements, discuss and then agree a resolution and capture this in written form. This can be on one side of A4 or it can be in a legal agreement. It may also include agreement or protocol on how to deal with future disputes, if the relationship continues.
There will be occasions during the mediation when progress is felt and other occasions when it feels as though everything is in reverse - this is the dynamic of a mediation.
My role in A Mediation
I help those in a dispute resolve their differences by:
Facilitating all discussions, whether separate or joint
Keeping up a sense of momentum, even when it feels as though there is none
Exploring assumptions and asking awkward questions, where appropriate
Coaching negotiations
Managing and concluding the process
Ensuring all documentation is in place