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Roll with it

31 May 2011

It is music to my clients’ ears that I have settled a couple of cases. The first was difficult on a number of levels because of its technicality and emotive circumstances. One of the claimants had been terminally ill for a long period of time and died the day before the scheduled mediation. The family bravely chose to go ahead in an attempt to get on with resolving what had already been a fairly drawn-out claim.

Composed and dignified family members attended on the day and the mediator suggested that we all observe a one-minute silence at the start of the opening session. That had the effect of acknowledging their loss without each of the numerous people in the room having to vocalise it individually, and require the family to respond.

The remainder of the plenary session was limited to facts and figures, meaning that we were all spared any grandstanding, which is usually a tedious rehash of a party’s position statement in any event.

The parties retired to b...

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