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INFLUENCING
SKILLS
(Each piece of feedback is from a different individual)
“He was certainly firm in his scrutiny with us
and as I say I don’t know how firm he was with
the other side, I’m assuming that he was the same.
I think the rigour of scrutiny is the key to success.
The thing that I think is most important for a mediator
is to put both sides under pressure and yet not leave
the feeling with either side that he lacks empathy or
that he is against them. It’s quite a tricky line
and a good mediator, and he was a good mediator, will
walk that line successfully.”
Barrister, London
“I think the fact that he is so insightful, he
got to the nub of the issue facing the group very, very
quickly and was able to hone in on that and focus the
group on that discussion.
I think he’s quite collegiate, and that he makes
people feel that everyone’s opinion is valuable
and I think that’s awfully useful in encouraging
people to speak out and to join the debate.”
Head of Legal/Company
Secretary, UK manufacturing plc
“I don’t know many mediators but I’ve
seen 3 or 4 and he in my mind is the best by head and
shoulder. I like his manner, I just think he’s
a very calming but clearly intelligent influence on
the whole process.”
Partner, Forensic Accounting,
UK accounting firm
“He didn’t impose himself – he got
the right balance I think.”
Partner, International
law firm
“He got the most out of everyone. He was very
good at making sure everyone spoke, everyone got their
views out and I think he was just very good at watching
everyone in the room to keep them engaged. Stuart’s
very good at recognising that people have got different
motives for being there and getting the best out of
everyone.
He was really good. He was very good at understanding
what we needed and the feedback that came back out of
it was very positive. His manner is very calm and Stuart
is very good at not giving you the answer
to a problem
but helping you. He suggests things that make you think
about things in a different way, and then come to a
different solution.
He’s got very good influencing skills.
I think he’s got a wealth of experience, which
shows. He clearly
knows his stuff and he’s very
good at people management and that comes across so clearly
when you see him, not managing people
in a negative
way.
Generally his use of language is very clever, the way
he poses questions. You’re not conscious of it
when he’s doing it, but I am conscious of the
fact that it probably is his language because if somebody
else says the same thing to me but in a different way
I would react differently. So I put it down to his use
of language and his body language is very open.
He’s extremely well liked. People generally are
for a reason, aren’t
they. Very well respected,
very well mannered, very well liked
and he’s got a very personable manner about him. I would certainly
recommend Stuart.”
Head of Legal/Company
Secretary, UK services plc
“Something that
stood out was the way in which he communicated with
the parties. He always made sure that he was very fair
and very measured, but at the same time he pushed both
parties, but not in a way that was awkward at any stage.
His manner and the way he dealt with the parties was
measured and fair and was absolutely right for our particular
circumstances.”
Solicitor, International
law firm
“What he did well was to show empathy with each
party and yet retaining a certain amount of firmness
and authority.
It’s hopeless to have somebody about whom one
gets the impression that they don’t really care
at all what the result is, it’s really up to the
parties and they’re just there to convey information
from one side to the other. He seemed to impress my
clients with his grasp of matters, and with his empathy.
Those are two very important things.”
Barrister, London
“I think that he’s got a good enough personality
to be quite forceful, he’s not the sort of mediator
who just sort of sits back, he’s quite interventionist.”
Barrister, Leeds
“There were a number of things that he did well.
I’ve got very extensive experience of mediation,
I’ve managed to work with a whole raft of them
from the most highly regarded in terms of the publications,
through to local panel mediators.
Whatever he thought, he retained that degree of independence
to enable the parties to retain their trust in him.
He was able to develop a significant degree of empathy
with the respective parties, and the trust he was able
to develop assisted in the subsequent resolution. I
think without that we’d probably still have a
hearing pending before the Court of Appeal.
He’s got a personality that lends itself well
to the process I think. He is quite a warm chap in terms
of his personality, he’s quite personable, he’s
able to develop relationships I think quickly.
He was able to develop the trust that’s needed
to achieve a resolution, to have empathy with the respective
parties’ positions. He’s a bright bloke
as well, he’s able to convey his thoughts articulately,
succinctly, in a persuasive way. He’s quite persistent,
able to retain an objective view, whilst developing
empathy and trust with the parties.
He just did a good job for us and as I say I can measure
his performance against the broad spectrum.”
Partner, Regional law
firm
“One of his particular strengths was the ability
to bring the lay client to a realisation of both his
strengths and his weaknesses, and consequently the need
to resolve this at the mediation. Basically bringing
home the reality of the situation to the lay client.”
Barrister, London
“Stuart is professional, affable but not overly
friendly, and positive. He engaged with all parties
in our room while some mediators only bother with the
barrister, and he had been very accessible beforehand.”
Partner, Regional law
firm
“Stuart was excellent, very good. Very frank,open,
appropriately challenging, not accepting of everything
that was put to him, careful always to differentiate
between what was communicable and what was not, and
what he was and was not able to comment upon. Respecting
the confidentiality of each room he was in, or each
party he was speaking to.
It was intelligent perspective, it wasn’t just
a processing that we were getting from Stuart. That
was very positive – the ability to communicate
was good, I think he had the bank’s confidence
and he certainly had ours. So he was having to juggle
a number of different views and cater for the different
requirements each of them had. They all had their own
little agendas, but he understood that I think.
He’s a very well rounded lawyer and mediator,
even though he’s very young as a mediator. He
has a conciliatory approach, but backed
by a firm protagonist
approach to commercial litigation which has served him
very well as a mediator. He’s very comfortable
taking a hard line,
not at all afraid of the confrontation
of the argument. He’s more than prepared to coax
out of a situation a settlement that might mean that
it’s less than what the requirement was, or the
expectation was. But for the benefit he gives that party,
which is something he has to identify, that works very
well.”
Partner, Regional law
firm
“I thought he was good. I mean the mediation settled.
It was a difficult mediation in terms of the characters.
It’s quite difficult for clients to work with
mediators, because it always involves compromise from
the clients. I thought he was very good at arguing the
points with the clients.
He empathised very well with the client, but at the
same time he was good at chivvying them along and introducing
the commercial aspect.
He didn’t flap, he seemed
to be in control the whole time, and it’s always
good to feel you’ve got somebody that’s
calm and that it’s in a safe pair of hands.
He responded to the client, he empathised with them
but at the same time he wasn’t bullied by the
client in any way, which was good because obviously
when he was in the other room with the other side I
assume and expect that he will have been the same with
them.”
Senior Associate, International
law firm
“The overall experience was good. It was positive.
He’s a good lawyer, which makes a difference.
It was a very difficult dispute with personalities writ
large all over it,
it was a firm of accountants who
had come to blows with each other
and it was daggers
drawn. So there were big emotions going on all
ver
the place. He was very good at keeping those in check.
He was quietly competent on the law, which was quite
good, so he was able to test our side and indeed the
other side quite effectively to make sure that we understood
what our position was, and whether we were perhaps getting
the law right. He’s basically above all else a
good lawyer, he was able to understand what the heck
was going on, which helps when you’re mediating
because you can wheedle out from people whether or not
their position is completely tenable or not.
So he was good at that and he’s a nice chap as
well and nobody fell
out with him, which is good for
mediation because sometimes you
can fall out with people
- very easy to do.
He had a good pot of experience and he’s obviously
a good solid lawyer with good communication skills,
which is about all you can ask for from
a mediator and
he wasn’t the big ‘I am’ like some
of them are. Some can just be insufferably pompous and
‘I am’ about the whole thing, and ‘you’ll
do what I tell you to do’ kind of thing, which
immediately makes you think ‘no I won’t
do anything of the sort’.
He’s a good man, I enjoyed the experience. I really
would recommend him to others, he was impressive and
you can’t say that of them all.”
Partner, Regional law
firm
“He was very, very good. I found his manner and
style to be very relaxed and it created a good atmosphere.
As is often the case with mediation we’d got two
parties who didn’t really like each other and
certainly my client was initially very reluctant even
to be in the same room as the other party, and Stuart
did encourage my client to do that, and it did mean
that we had a slightly better atmosphere for reaching
a compromise.
My client started off feeling very ill disposed towards
the other side
and I think one of the things that Stuart
managed to do was to make my client realise that there
were merits on both sides, and there were strong feelings
on both sides, so that the other party didn’t
come out of the picture so demonised as my client thought
he was really.
I would definitely use him again.”
Partner, Regional law
firm
“He applied objectivity and he was calm. But he
also didn’t as I found some other mediators do
express an opinion about the strength of our opponent’s
case, or the manner in which the case was being presented.
In the circumstances of those types of comments being
made in the past I didn’t find them helpful. And
I noticed that Stuart was very careful not to stray
into that sort of thing.”
Partner, Regional law
firm
“I think what he did in that particular case is
he managed to overcome a sticking point, a very difficult
issue between two former friends who had been in business
together and fallen out. And there was the usual sort
of nastiness there. We got to a point where it needed
a shove to the other side in order to do the deal and
Stuart affected that shove.
That was what was needed. It was not very much money
in the context of what was being argued about, but the
parties had got stuck into a point of principle and
we were a bit disappointed I have to say with the way
the other side had conducted the mediation. We made
our view very clear and I have to suspect that Stuart
communicated that, and that his advice led to a sufficient
gesture on their part that honour could be saved and
the deal done.”
Barrister, Leeds
“I think his ability to build up a relationship
in a very limited amount of time with clients, I think
that was good. I can’t say what the other side’s
perception of him was, but certainly we found him very
good. He had a gentle style and it was a good result
in the case, the client was happy with the result, which
is always in my view a good result. It was a good performance.”
Partner, Regional law
firm
“It’s hopeless to have somebody about whom
one gets the impression that they don’t really
care at all what the result is - it’s really up
to the parties and the mediator is just there to convey
information from one side to the other. What he did
well was to show empathy with each party while retaining
a certain amount of firmness and authority, as somebody
who is competent.”
Barrister, London
“Very frank, open, appropriately challenging,
not accepting of everything that was put to him, careful
always to differentiate between what was communicable
and what was not, and what he was and was not able to
comment upon. Respecting the confidentiality of each
room he was in, or each party he was speaking to.”
Partner, Regional law
firm
“I felt that Stuart’s handling of it was
very sensitive to the particular circumstances we were
dealing with. I was comfortable to rely on Stuart’s
judgement as to the best way to handle the mediation
perhaps to a greater extent than I have been with other
mediators, because I really felt that he’d invested
the time to understand the dynamics.
I just think that his very calm, considered manner worked
very well with this case where we’d got difficult
parties. The other thing I would pick out is his even-handedness
between the parties and he was particularly careful
about us all being clear what communications he was
having with the other parties and when – both
during and before the two mediation days.
Also the respect that was given to confidentiality and
the extent to which things that were said in your private
sessions were revealed to the other side. I think that’s
quite important because I think some mediators can be
closer to the edges of that issue in terms of potentially
repeating things or summarising things that go beyond
what maybe the parties are comfortable at having repeated.
I have great confidence that Stuart wouldn’t cross
that line, he is very clear and straight with everybody
which I think is important, but it was particularly
notable with Stuart.”
Partner, International
law firm
“I found his manner and style to be very relaxed
and it created a good atmosphere. It was all very positive
and I hope we’ll have an opportunity to use Stuart
again.”
Partner, Regional law
firm
“I thought he was very personable. He applied
his, in so far as you can as a mediator, but I think
he drew on his own knowledge in order to perhaps guide
the parties to consider what the salient issues were.
He got to work very quickly, got the parties together,
got the parties talking. He cut through the mist that
always flies around in a mediation to get to the substantive
issues and to work through those.”
Associate, Regional law
firm
“He managed the parties well. He wasn’t
a passive mediator; he wasn’t afraid to roll his
sleeves up and get stuck in, which meant essentially
querying people’s positions on matters, dealing
with some of the more complex legal points and testing
out both sides’ position.”
Partner, Regional law
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