The cost of litigation has become prohibitive and in this circumstance, the uncertainty of outcome unacceptable. Each party believes they will prevail, but in reality, absent a settlement, there will only be one winner. It is accordingly important to attempt to settle disputes before the costs incurred make settlement more difficult to achieve. We can help you and your clients achieve this goal.
At Winkler Dispute Resolution we take a Risk Management Approach to mediation which recognizes the benefit to the parties of retaining control over the dispute resolution process, rather than exposing themselves to the uncertainty of having strangers (arbitrators, Judges or a Jury) decide their fate. This approach focuses on 4 critical stages of the mediation process:
- The importance of counsel sufficiently preparing their client for the mediation process, including the setting of realistic expectations and consideration of a range of settlement scenarios.
- Under the right circumstances, the unique opportunity of counsel to speak directly to the adverse party during a strategic opening statement.
- With the benefit of the Mediator’s experience and preparation, providing to the parties a confidential reality check in relation to the benefits of settlement versus what lies ahead in the absence of settlement.
- If the parties seem unable to successfully negotiate a settlement with each other, having the Mediator to take control of the process through confidential Mediator Offers.
I have developed a number of mediation and negotiation focussed Professional Development Training Programs which qualify for LSUC CPD credit, including one which has been certified for 1 hour of the Professionalism requirements. These Programs include, “10 Rules for Effective Mediation” and “Ethics and Professionalism in Negotiation.” I have run these programs for firms of all size. Please contact me if you would like me to run a complimentary CPD Program for your firm.