Ten obstacles to mediation success

By Gerard Khoshnaw

Here are my top 10 tips on how small and medium-sized enterprises (SMEs) can use mediation to resolve business disputes.

1. Take control — don’t let your lawyer stand in the way of settlement. The desire of some lawyers to generate more fee income can sometimes override your real objectives to settle. I have witnessed such behaviour and it is unacceptable.

2. Use your evidence well — there is little point in withholding evidence at mediation when the whole aim of the process is to settle the claim on the day. Use it to enhance your claim. To save time, bring exhibits to the mediation, such as plans, brochures and photographs (a picture or a plan can speak a thousand words)…

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