
Our ‘Meet the Mediator’ feature continues with Michel Kallipetis QC and will feature a different mediator in each issue. Here the mediators share suggestions on maximising potential for reaching a settlement (in their opinion), strategies they find useful in breaking a deadlock, a mediation they will always remember and some of the changes they have witnessed in the mediation landscape during their time practising in the field.
It is of enormous help. I was fortunate to have a broad practice covering general commercial, professional negligence and employment. I sat as a deputy High Court Judge in QB, Chancery and the TCC for fifteen years which gave me an even broader experience of work.
Too often as a barrister or as judge, one could see what solution would be best for the parties but which the court was unable to give.
Every conceivable type of civil and commercial dispute save divorce.
Humour. Speaking directly to the clients. Making sure that the parties realise precisely why they are not reaching agreement and making sure that they really understand three things:
- Why they are not settling;
- The financial consequences; and
- The real ‘bottom/top line’ of each side.
There are several which remain engraved upon my memory. Some sad, some joyous, others astonishing. I have often thought that I should collect them in the ‘Secret Mediator’, but, even anonymised, it would be too intrusive for the parties even if no-one else could recognise them. In general, those that remain are those where the relief and satisfaction at having achieved settlement is mutual and reflected in a genuine mutual expression of thanks. I do not necessarily subscribe to the often quoted “if there is a settlement both sides will be unhappy”; my ideal is to help the parties to a situation where everyone recognises that they have achieved a benefit.
Patience, humour and never give up.
Seeing the relief in the faces of those who have settled, but more importantly, in the faces of their family.
More awareness by the legal profession of the benefits of a mediated settlement for their clients and this results in a more pragmatic and helpful approach from the lawyers.
Opera, theatre, reading and cooking.