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PI Brief Update

30 September 2011 Mediation fist fights and other surprises - Tim Wallis, Trust Mediation Ltd

Surprises are normally nice things. A surprise party has become a conventional way of recognising a big birthday or a homecoming. People enjoy such a "fun" start to an event. Surprises at a mediation, however, almost always mean trouble. When a mediation has got into difficulty and I have then analysed the cause, it often comes down to one party having taken the other by surprise. I mentioned this recently to some fellow mediators and was met with multiple examples to add to those I have encountered myself. These surprises are listed below, followed by a discussion about how they can be avoided.

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.