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.
- There is real insight into how disputes escalate out of control of those involved, sometime facilitated by legal advisers
- 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
- 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
- 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
- Litigation has a substantial emotional and psychological impact on those involved
- Even the winners in litigation don't win, particularly after the final fee note is delivered
- 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?
Don't waste your life, mediate.