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UK (England and Wales)

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Home > Country profiles > UK (England and Wales) > Articles > Article detail

Don’t Sit On Your Ass[ets] – Part 2: The Arguments

Sunday, 10th June 2019

"This is the second in my short series on using your assets well in a mediation. The first was on the people. This is on the arguments.

Let’s start with the legal arguments.

As a mediator, I hear many views on the importance or not of deploying legal arguments in mediation. Proponents assert that if you have strong arguments, they should be fully aired in mediation in order to drive home the strength of your position. Opponents maintain that “we all know the well-rehearsed legal positions, we are here to do something else”, “it’s not a mini-trial but a commercial discussion”, etc.

Unhelpfully (for present purposes) both can be true. But if legal arguments are to be substantially debated in mediation, then I am sure of two things:
1. It needs to be done well; and
2. The discussion will at some point need to move on from that subject, and ideally without a disproportionate amount of mediation time having already passed.

Turning to the first point – doing it well – I would offer some observations based on listening to thousands of examples over the last 30 years."

Select the link to read the remainder of this thoughtful and interesting article. 

Source: Bill Marsh (Editor)
Language: English
Contact: Bill Marsh

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