Lawyer Monthly - September 2022

What role does mental health play in mediation? How can mediators accommodate people suffering from stress or mental health issues? Chanda: Due to its flexible nature, mediators can offer versatile, comfortable and neutral venues for the participants to hold their discussions. I have hosted sessions in gardens and luxurious office suites that put clients much more at ease before the hard conversation started. Additionally, with the aid of technology, participants that tend to have more hostile communication can opt for a virtual session that will include break-out rooms lessening, the anxiety that can arise from in-person confrontations. Most clients do not care about the witty rebuttals or the case law you cite. They just want to go home with a conclusion that leaves them feeling safe, financially sound and mentally at ease. If you can help them achieve that in a quick and cost-effective way, you will have their repeat business and be able to turn your attention to other matters that may require more of your time. Needless to say, it does wonders for managing your workload. What are some of the most memorable or rewarding mediation cases that you have worked on throughout your career? Chanda: An employment matter, coWhat role do lawyers play in the process? Chanda: A big one! Lawyers can make or break the entire process. Let’s face it, outside of advising on the law, lawyers speak in terms of billable hours, and there is no better way to accumulate them than with lengthy litigation. This flies in the face of a what mediation stands for in terms of a speedier resolution. Likewise, when a lawyer comes into mediation with the same ‘win/lose’ mindset attributed to traditional ligation it can threaten the integrity of the session. You have to be really honest with yourself about why you are there; you have to keep in mind that as a lawyer in a mediation setting your role is to advise your client on the law, so that they can make the best decision for themselves. FEATUREOF THEMONTH 15 Chanda Glidden, who is also a practicing attorney, is accredited by the London School of Mediation and specialises in employment, contractual and family mediation. She believes curiosity and genuine concern for a resolution can unlock the right solutions for her clients.

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