There are cases when lawyers are unable to effectively use mediation as an instrument for peaceful settlement of a commercial dispute. Therefore, hiring a competent mediator to resolve a conflict becomes absolutely vital. High-quality legal support in resolving a business dispute can help avoid wasting money & effort.
Need an experienced lawyer for peaceful resolution of a dispute? IQ Decision UK is the answer.
Those seeking to resolve a commercial dispute through mediation are aware that this cannot be done in three or four hours. That’s the 1st mistake inexperienced lawyers make - they spend very little time with a mediator resolving a dispute. Competent lawyers should set aside en entire day & spend this time on interacting with a mediator.
Explaining the Case Unclearly
Another mistake is the lawyer’s inability to convey the circumstances of the case in a brief & clear manner. Some lawyers, especially novice practitioners, tend to use an identical template multiple times by simply changing their clients’ credentials & names.
Poorly Prepared Documents
Many mediation petitions prepared by lawyers contain only the case’s description and no evidence.Therefore, lawyers seeking to resolve a dispute through mediation should take care of including relevant facts in their petitions.
A competent lawyer needs to come up with a high-quality document outlining the case. It should contain facts, problems & evidence pertaining to the case. They will then have to hand it over to the mediator who will use it to resolve a conflict through mediation.
To ensure that a mediation case is a success, lawyers need to invest some time into preparing clients for various scenarios. They will also have to discuss all possible issues & ways of resolving a conflict through mediation.
Lack of Realistic Expectations
It sometimes take only several hours to resolve a commercial dispute through mediation. However, there can be situations when parties raise demands which are disproportionate to their cases. To avoid wasting time, lawyers need to honestly and openly discuss with their clients what they can count on prior to initiating a mediation process.
Insufficient Communication with Mediator
Sometimes, when discussing a mediation case with clients, lawyers may point out certain weaknesses of the clients’ situation. In their turn, the latter may decline to agree with their arguments. It such a case, enlisting the help of mediators capable of explaining all provisions to the other party becomes absolutely vital.
Resolving a dispute through mediation in Great Britain would be impossible without those who make a final decision. If they are unable to take part in the process of mediation, lawyers will need to bring them up to date on the latest developments. Talking over the essence of the process at its final stage will hardly result in any positive outcome.
Lack of Attention to Client’s Opinion
If the client has any special opinion regarding the dispute, their lawyer shouldn’t ignore them. Hearing the wishes of their client and passing this information on to the mediator can significantly reduce the time spent on resolving a dispute through mediation & lead to desired outcome.
It is important to understand that what the mediator does differs a lot from the judge’s job. First and foremost, they should help parties & their lawyers reach a mutually beneficial solution. Therefore, considering and understanding all problems, facts, evidence, & opposing opinions really helps. Individuals, and in particular their lawyers, need to be open and honest with mediators. Otherwise, the mediation process can drag on for a an indefinite period of time & cost much more than was originally expected.
Need to peacefully resolve a commercial dispute? Our experienced lawyers can give you a hand with that. IQ Decision UK specializes in providing comprehensive support in resolving a commercial dispute through mediation. Our company can also provide mediator services to resolve a conflict in England.