Mediations as an advocate
| 20th April 2018
Mediations are commonly undertaken by solicitors, without assistance from Counsel. Many barristers have limited experience of mediation, or certainly used to, and many barristers are temperamentally unsuited to it, or so experienced mediators tell me. There is a tendency to be far too aggressive and confrontational, which is often entirely appropriate in cross examination, but rarely so in mediations. Solicitors are often much better adapted temperamentally to mediations, where an appearance of gentle friendliness and persuasion is often very helpful. There is rarely any point in attacking the other side, as it only gets their backs up and normally impedes settlement.