With over 40 years experience as a lawyer , in Melbourne, Australia, primarily in commercial matters, as a mediator:-
• I look beyond the law in finding out what the parties are really arguing about; it is surprising how many times I have heard the words “I did not realise…”
• I understand power imbalances and the costs of litigation; I know that that does not mean the stronger party will necessarily win or overwhelm, and that in any given dispute there are multiple hidden agendas
• I have lived in several countries, and with ethnic sub-groups, so I am aware of cross-cultural considerations, even within the same group. It is thus most necessary to spend the necessary time to make sure everybody is on the same page
• I realise that each party emotionally considers themselves to be right. For a settlement to be effective – and not just agreeing reluctantly to a monetary figure – the parties must move from their entrenched positions to objectively consider what is really in their best interests so as to be able to move on with their lives
• I also realise that not every mediation settles the litigation. Never the less the mediation will have achieved something if:
- the parties walk away truly understanding where the other party is coming from, and
- what other alternatives can be still considered, and
- why they are still continuing to fight
• I use a new method to maximise the chances of a settlement and to ensure each party is happy with the outcome of mediation.
To find out more about my method of mediation please visit my Worldview Mediation and Silver Lining Mediation page.