This Law Pod UK podcast from 1 Crown Office Row, where Emma-Louise Fenelon speaks with Marina Wheeler QC, is full of pleasant surprises and excellent advice, best captured in the quote above.

This apart:

  1. There is real insight into how disputes escalate out of control of those involved, sometime facilitated by legal advisers
  2. The work done by NHS Resolution - resolving clinical negligence and personal injury compensation claims - records rates of success typical to most mediation with 74% of disputes resolved
  3. It's often high emotion disputes which are most amenable to mediation because  mediation provides a space for that emotion to be expressed and heard, on occasion for the first time
  4. Lawyers are not centre stage and it is incumbent on them to think differently about their roles in mediation, rather than rehearsing their arguments in advance of a hearing or case
  5. Litigation has a substantial emotional and psychological impact on those involved
  6. Even the winners in litigation don't win, particularly after the final fee note is delivered
  7. The increased use of mediation will not put lawyers out of business

It's the first time I have heard the benefits of mediation set out so clearly and compellingly by lawyers.  

The podcast is part of a series on a range of fascinating subjects including the law of AI.  Who knew?