All of us will at some point find ourselves at odds with someone with whom we have a close working or personal relationship; they might be a –
Usually you can find a way to resolve the disagreement or to work around it; but occasionally you can’t. The disagreement then becomes entrenched and – sometimes before you realise it – you have a big problem.
Disputes arise for many reasons – but often miscommunication is at the heart of them. This frequently leads to mistrust and the positions become polarised. At this point typically at least one of the parties will seek legal redress through the courts or arbitration. This is expensive, uncertain and time consuming. There is a much better way...
In any dispute the first thing is to clarify what is at issue – this may sound obvious, but it rarely is. When negotiations break down through mistrust or misunderstanding there’s often a strong desire to blame the other side for the problem rather than addressing the problem itself. People quickly get to the point where all they can see is a wrong done to them and a desire to be compensated for that wrong.
This is where I come in.
There are three areas in which I can assist you to work towards a practical and sustainable settlement of your problem.
If you have reached an impasse with the other side and you have been advised to issue proceedings (or have had proceedings issued against you) then you should consider taking your dispute to mediation at the earliest opportunity. Once you are clear about what is in dispute the important thing is to regain control of the dispute swiftly, before costs start to mount up. So long as the other side agrees, you can both jointly appoint me to mediate your dispute.
If mediation has been proposed, but you are uncertain about how to present your case, you can appoint me as your advocate. In this role I represent your interests in the mediation in the same way as a solicitor would. Even if you have a good solicitor who is experienced in mediation, you may find it useful to have someone on your side who fully understands the technical and practical issues; but if, for whatever reason, you don’t have access to a solicitor who is familiar with the mediation process, then I’m here to help. It goes without saying that if I am appointed as advocate for one of the parties I cannot then act as the mediator, but I would be able to recommend a shortlist of suitable independent mediators with appropriate background knowledge and experience.
If you have a problem but it hasn’t yet got to the stage of litigation or other formal action, you may want guidance as to the best way of trying to resolve it. With my background in property and business consultancy I am in a good position to give you advice on every aspect of the problem – from objectively assessing the strength of your claim to helping you with negotiation techniques that will help to free the logjam in your negotiations.