32 law ‘Settle if you can’
A modern litigation lawyer would not expect to find anything in the Sermon on the Mount to guide him in his work, but in fact the greatest lesson ever delivered, which has inspired millions over the ages, has something very pertinent to say to parties to litigation – settle if you can, writes Jonathan Davis of Clifton Ingram
Anyone who has been to court knows why Jesus said that. He was trying to spare you the uncertainty of a trial, the sleepless nights, the fear, the cost, and the humiliation of losing. So when asked by my mediation trainer what word first came to mind when mediation was mentioned, I didn’t say settlement, resolution or relief, but mystery. There’s often something which defies rational explanation why peace should break out after a few hours when parties have been at war for years.
Having been a mediator in commercial disputes for a number of years now, many is the time that I have seen parties who perhaps have never met, and who have been spending thousands on their lawyers to win or defend a case for them, having looked each other in the eye, walk away after a mediation with a settlement in the bag, and an end to their agony. Do you really understand the process that reversed their mutual antipathy?
Mediation has been slow to catch on. It is not a term or process that many know about. It suggests weakness to some, capitulation, giving up on your rights, compromise with an enemy, a lack of principle. Any lawyer will tell you that fighting over principles is the preserve of the rich and poor, but the vast majority of us in the middle had better stay clear if we can.
The Master of the Rolls recently put mediation in its place when he said that it could never usurp the role of the courts to try cases, and he was right. A good solicitor must never be afraid to go to court, if necessary, with his client. However, he also owes a duty to his client to be on the look out for any chance of settlement, whether through the formal process of mediation, or just to talk to the other side’s solicitor.
The April edition of this magazine contained an article about family mediation. Mediation can be used in many more areas: from neighbours to employment, injury claims
to commercial disputes, all the way to resolving the Middle East conflict.
Human nature is such that there will always be the need for lawyers to help bring claims or settle disputes between people, and the one to look for is the one who is at ease performing either role. Over the past year I have had three cases go to trial; two were won after three days and five days respectively, and one settled on the first day. All could have been submitted to mediation. One was, but it achieved nothing because only one party came with a genuine desire to resolve the claim; the other two were not. In all cases the losing party must now be wishing they had settled at mediation.
Details: Jonathan Davis 0118-9120265
jonathandavis@cliftoningram.co.uk www.cliftoningram.co.uk
Blandy & Blandy nominated for Best Trainer Award
Thames Valley law firm Blandy & Blandy LLP has been nominated in the ‘Best Trainer – Medium Regional Firm’ category in the
LawCareers.Net Training and Recruitment Awards 2011 having previously won this award in 2008
The Training and Recruitment Awards run by
LawCareers.Net are now in their eighth year and comprise 16 categories, ranging from ‘Best Trainer’ and ‘Best Work Placement Scheme’ to ‘Best Recruiter’ and ‘Commendation for Diversity’ for City-based, regional and smaller firms.
Blandy & Blandy has been nominated for this award after an in-depth survey of more than 3,000 trainees and newly qualified solicitors which highlights a high level of satisfaction with the training that is provided by Blandy & Blandy.
A leading law firm in the Thames Valley, Blandy & Blandy offers fully integrated legal and financial advice to all its clients. Each September Blandy & Blandy takes on three trainees who each spend six months in four of the firms departments during their two year training contract. The firm is committed to training and most trainees share an office space with
www.businessmag.co.uk Fiona Baxter, HR manager
their assigned partner or solicitor to give them the best opportunity for continuous professional supervision and development.
Fiona Baxter, HR manager, said: “We are delighted to have been short-listed
THE BUSINESS MAGAZINE – THAMES VALLEY – JUNE 2011
in the
LawCareers.Net awards. We always maintain a strong commitment to the training of our trainees and newly-qualified solicitors and this is reflected by the high percentage who stay with us at the end of their training contracts and into their careers. Today about half of the current partners and solicitors are previous trainees. We remain committed to identifying talent in applicants and then nurturing and coaching that talent to see them go on to achieve their potential.”
The winners will be announced at a ceremony held in Central London on Wednesday, June 8.
Details: Fiona Baxter 0118-9516945
fiona.baxter@
blandy.co.uk www.blandy.co.uk
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