Lawyer Monthly - September 2022

beyond their own reflection. Chanda: It can sometimes feel like putting together a jigsaw puzzle without knowing exactly what the picture is. But that is the beauty of it: getting curious and digging down into what is and is not being said. Once you find the right thread to follow it can lead to all kinds if interesting places and possibilities for solutions. What mediation trends do you foresee for the next one to five years? Chanda: Although mediation is gaining traction, it is still very much an ’If you know, you know’ option in the Cayman Islands because of the easy access to Juliet Fenn is a Member of the Chartered Institute of Arbitrators,specialising in family mediation, focusing on the positive and addressing the negatives in an honest and open way with the parties to facilitate the best possible outcome for all. the parties feel less intimidated by the process. What is it like being a mediator? Juliet: Becoming a mediator was a natural process for me. As an empath I am a good listener and communicator. I am also very creative, and being a mediator takes a fair amount of creativity. Being able to see things that may appear obvious is a talent and quite often the obvious is what needs to be seen by both parties. However, the obvious is not always the solution, so creativity plays a part. I have been involved in amateur dramatics my whole life and playing the part of a mediator is a lot like playing a role in someone else’s life story. As mediator training involved a great deal of roleplay both as the mediator and mediated, I think I am quite good at it! My own experience of having mediation prior to a divorce in the 90s was certainly not an experience that I would have recommended. Had I known then what I know now, the divorce experience could have gone a lot smoother than it did. As a mediator I do not decide the outcome, but rather help the parties involved to focus on what is important and to see the bigger picture. We are all guilty of only seeing things from our own perspective, but a mediator helps both sides to see through the looking glass FEATUREOF THEMONTH 17 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.

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