Reflections on my first mediation

I qualified in to Dispute Resolution in September 2022 and was excited to learn that one of the first cases I was going to be assisting with was going to mediation.  Having had no experience of it at university but being aware of its value as a dispute resolution tool, I was really interested to see how it operated in practice.

The case was set down for a Proof in the Court of Session in a couple of months’ time. The scramble to ensure all the relevant documents had been lodged and witness statements taken perhaps focussed minds, and a potential solution to the dispute at hand emerged.  Rather than try to thrash that out in correspondence, the parties agreed to mediate.

The nature of the case was such that each party had around 8-10 individuals present at the mediation. I wondered if that would present difficulties in ascertaining who should speak to what and when, but the mediator did a very good job in ensuring everyone had appropriate time to present their arguments and/or say their piece. I was surprised that at points during the day, the discussion felt closer to a court hearing than collaborative discussion. However, that was perhaps inevitable given the number of interests at play in this case.  The case didn’t resolve at mediation, but a second day has been scheduled and of course the hope is that settlement can be reached.

 The real take away for me from my first mediation experience is the importance of good communication. Every party believes their position to be correct. However, with the help of skilled mediators and advisors, the conversation can be turned away from “I’m right, you’re wrong” to one of “How do we fix this” – which can only be in our clients’ best interests.  

Scott Mackie, Solicitor at Gillespie Macandrew LLP

28 July 2023