Mediation – achieving the impossible! – The Property Chronicle
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Mediation – achieving the impossible!

The Analyst

There is much to commend mediation as a process – speed, costs savings, privacy.  But there are two other important benefits.  The first, is the opportunity to design a process that encourages constructive dialogue in circumstances where it is all but impossible. The second, is the opportunity to achieve an outcome that it would be impossible for a court or arbitral panel to order or award, that is far better suited to the parties and their needs.  

Two recent cases illustrate these benefits:

The first, was a multi-party dispute arising out of the development of a brown field site.  Various lenders supplied development finance to a development company which subsequently went into receivership. Various claims followed, including against and between directors/guarantors and allegedly negligent valuers.  The dispute was complex, costs were a nightmare and everyone wanted to settle.  But the disputes as between the directors and guarantors meant that any meaningful dialogue with other parties was impossible, as a year or so of costly solicitors’ without prejudice correspondence had demonstrated.  

The Analyst

About Jon Lang

Jon Lang

Listed in the first tier of mediator rankings of both the Chambers & Partners and Legal 500 directories (and in The International Who’s Who of Commercial Mediators), Jon is recognised as one of the busiest and most experienced mediators practising in the commercial field. CEDR accredited, Jon became a full-time mediator in May 2005, having spent almost twenty years as a solicitor in private practice, the last six as a partner in the disputes group of White & Case in London. Jon has acted as an expert in mediation, is a past Chair of the Mediation Committee of the International Bar Association and a member of CPR’s Panel of Distinguished Neutrals.

Articles by Jon Lang

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