Linkedin Post

Professional but eye catching.

I would like 4 images to be published on LinkedIn in the style of the Steve Benmor "Family Law Tip" (see photo). However, the style will be consistent with www.newsquarechambers.co.uk. The text for each image is as follows: ___ Mediation Tips - "The Self-Interest Problem" Each party has as self interest to maximize their own settlement. Self-interested parties always respond in kind; that is why there is litigation. To a great extent, pre-trial discovery is a way to force the other side to recognize or acknowledge the weakness in its own case and encourage a settlement agreement. But the costs of that process reduces the “size of the pie”, and can lead the client to insist on recovering those costs. Overcoming the self-interest of the client in the litigation objective, and showing how valuable the settlement option is in the client’s interest, is one of the major challenges which a mediating lawyer faces. ___ Mediation Tips - "The Lawyer Problem" The mediating lawyer has to set aside his or her self-interest in prolonging the litigation. Quite frankly, although commentators sometimes say that lawyers have an interest in keeping litigation going, that is not my experience. The lawyers I meet want the best solution for the client that can be achieved. But the public does believe that lawyers prolong litigation, and the mediator will certainly point out the shared interest of the clients in minimizing legal costs. The mediating lawyer will have to use this factor in his or her favour, showing the opposing party how much can be saved by a mediated solution. --- Mediation Tips - "The Maňana Problem" The litigants want to put the problem off to tomorrow. “Loss aversion” means prolonging a dispute and delaying the day of judgment, even though this approach is a gamble which may result in the client paying more. Here, the mediating lawyer will emphasize the advantages of a present settlement. The certainty that it brings may be better than the alternative. ---- Mediation Tips - “Devaluing the Other Party’s Offer” Problem The offer for the other side may be unacceptable to the client because it comes from the other party. The client may in reality be willing to settle for a certain amount, but when the opposite party makes an offer which is close to that amount, then it is not good enough: “they must know something we don’t.” Moreover, the client will have difficulty seeing the other client’s offer through the other client’s eyes. This is another challenge of the mediating lawyer: showing the client how great a compromise the other side has made, from its perspective. Each box will be signed "Paul Wilmshurst, Barrister" Please use the photos supplied. Mix it up.

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