James Hazel
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An holistic approach to mediation that focusses on people not pleadings
At a glance
As a lawyer, a business owner, a leader, an author, a father, and a mediator, I am passionate about conflict resolution.
With over twenty years’ experience in the legal industry I have a wealth of knowledge in civil, commercial and employment dispute resolution across a wide range of sectors and disciplines. In 2015, I left mainstream legal practice to become a strategic legal consultant with In-House where I specialise in handling complex business relations challenges.
At In-House, we don’t follow the herd. We take a forward-thinking, dynamic approach to legal problem solving that focuses on critical and out-of-the-box thinking.
The biggest mistake I see people making in their approach to conflict resolution is waiting for the other side to change their minds. People are capable of change, but rarely when they’re being bombarded with hostility. Usually, people under fire buckle down even more, and whether they’re wrong or right about their assessment of merits has little to do with it.
Instead, people need to be invited to change, not coerced. That means, firstly, creating a safe environment where interests and needs (as opposed to wants) can be discussed and people can start listening to each other; that is the best way to achieve a change in perspective.
Trust – Dialogue – Legitimacy
A refreshing approach: The resolution triage
The best way to resolve a dispute is to break it down. The “one-day mediation and that’s it” approach can work very well for mediators and lawyers, but often isn’t as effective for clients. Parties need to be guided to a resolution, not pushed. So, if availability allows for it, we always offer each party a pre-mediation discussion, or triage, usually by Teams or Zoom, with the parties and their representatives so we can gauge:
We do not charge professionally represented parties who are genuinely looking to explore mediation as an option for pre-mediation discussions, even if we go no further than an initial virtual meeting.
A refreshing approach: The Resolution Process
I believe that mediation, like all forms of ADR, is a process, not a day trip. Where it’s appropriate, we’ll discuss the steps that need to be taken prior to the mediation and help the parties agree a timetable. This might include exchanges of documents and information on a without prejudice basis, or provision of a short witness statement addressing a discrete point. We’ll also encourage all parties to exchange information about costs (incurred and anticipated) prior to the mediation.
In this way, we hope that parties feel like they are working towards a genuine resolution, rather than just ticking a box.
A refreshing approach: Position Statements
I don't stop parties from using position statements if they want, but I do discourage it, and the reason is obvious if you think about it. The mediator’s role is to help guide the parties to climb out of their trenches and avoid engaging in positional negotiation. A position statement assumes, before the mediation is even started, that the party has adopted a position, and it is for their opponent to dislodge them from it.
Instead, I advocate the use of a resolution statement where the focus is on the parties’ perception of the problem, the approach, the people and what a possible resolution might look like. The particular strengths and weaknesses of a case are relevant to mediation, but they should not be allowed to become the central focus: that is the role of the court. The judge will have the job at looking back and dealing with accountability; the mediator's role is to look forward at what a meaningful, post-dispute world might look like.
A refreshing approach: Preparation
I often hear parties talk about spending the best part of a day preparing for mediation, and of course preparation is very important. But it is more important to focus on quality over quantity. Legal representatives are not preparing for a hearing. Mediation is not a battle. This is in particular why I prefer legal representatives to avoid using position statements that are dressed up skeleton arguments.
If the purpose of that is to try to persuade your opponent that you are right, then surely you have already tried that. If the purpose is try to persuade the mediator that their case is strong, this isn't going to get anybody particularly far. Instead, I encourage parties to focus on the people at the heart of the dispute, their interests and needs, their feelings, their resources, and their ideas of what resolution might look like.
A refreshing approach: Collaboration, not calamity
We encourage parties to leave their differences at the door and approach mediation with an emphasis on building trust, collaborating and being creative. We’ll help you build a safe space so parties can be heard, and each parties’ interests can be meaningfully explored. Parties to a dispute often make the mistake of thinking they know what the other side wants, and this can lead to animosity and stagnation. Learning to trust someone who is opposed to you is difficult, but achievable with the right support.
A refreshing approach: Costs
We take a fair and transparent approach to charges. In contrast to a lot of commercial mediators, we charge a fixed cost for the mediation including virtual pre-mediation meetings with both sides, the mediation and any follow-up discussions and assistance starting at £850 + VAT per party per day.
A refreshing approach: The Seven Pillars of Mediation
There isn’t one particular way to approach a mediation. If there was, everyone would do it.
I encourage parties to a dispute to adopt an approach that takes into account what happens neurologically when parties are in conflict. Cognitive bias plays an enormous role in how we treat and interact with other people. Recognising and managing bias is a key component to effective dispute resolution. We don’t see differences of opinion as an obstacle; we see it as part of journey. We don’t see “saying no” as the end of a negotiation; we see it as the foundation from which resolution can be built.
Crucially, building bridges doesn’t necessarily mean agreeing. Human psychology is far more intricate than that.
Our approach synthesises different mediation styles and methods to achieve the best result against a model founded on the seven pillars of mediation:
Our Specialisms
Whilst we provide mediation services in all kinds of disputes and conflict, there are certain types of dispute in which I hold particular specialisms including:
At a glance
As a lawyer, a business owner, a leader, an author, a father, and a mediator, I am passionate about conflict resolution.
With over twenty years’ experience in the legal industry I have a wealth of knowledge in civil, commercial and employment dispute resolution across a wide range of sectors and disciplines. In 2015, I left mainstream legal practice to become a strategic legal consultant with In-House where I specialise in handling complex business relations challenges.
At In-House, we don’t follow the herd. We take a forward-thinking, dynamic approach to legal problem solving that focuses on critical and out-of-the-box thinking.
The biggest mistake I see people making in their approach to conflict resolution is waiting for the other side to change their minds. People are capable of change, but rarely when they’re being bombarded with hostility. Usually, people under fire buckle down even more, and whether they’re wrong or right about their assessment of merits has little to do with it.
Instead, people need to be invited to change, not coerced. That means, firstly, creating a safe environment where interests and needs (as opposed to wants) can be discussed and people can start listening to each other; that is the best way to achieve a change in perspective.
Trust – Dialogue – Legitimacy
- Solicitor qualified in 2008
- CEDR accredited mediator since 2021
- Former equity partner of regional law firm
- Former head of dispute resolution, employment and corporate teams
- Internationally published author
- Strategic legal consultant for local, regional and national businesses across a huge range of sectors and industries
A refreshing approach: The resolution triage
The best way to resolve a dispute is to break it down. The “one-day mediation and that’s it” approach can work very well for mediators and lawyers, but often isn’t as effective for clients. Parties need to be guided to a resolution, not pushed. So, if availability allows for it, we always offer each party a pre-mediation discussion, or triage, usually by Teams or Zoom, with the parties and their representatives so we can gauge:
- Am I the right mediator for you?
- Are both sides ready to mediate meaningfully?
- If so, how and when will the mediation take place?
- If not, what needs to be done to prepare the parties?
- What steps need to be taken as part of the resolution process?
We do not charge professionally represented parties who are genuinely looking to explore mediation as an option for pre-mediation discussions, even if we go no further than an initial virtual meeting.
A refreshing approach: The Resolution Process
I believe that mediation, like all forms of ADR, is a process, not a day trip. Where it’s appropriate, we’ll discuss the steps that need to be taken prior to the mediation and help the parties agree a timetable. This might include exchanges of documents and information on a without prejudice basis, or provision of a short witness statement addressing a discrete point. We’ll also encourage all parties to exchange information about costs (incurred and anticipated) prior to the mediation.
In this way, we hope that parties feel like they are working towards a genuine resolution, rather than just ticking a box.
A refreshing approach: Position Statements
I don't stop parties from using position statements if they want, but I do discourage it, and the reason is obvious if you think about it. The mediator’s role is to help guide the parties to climb out of their trenches and avoid engaging in positional negotiation. A position statement assumes, before the mediation is even started, that the party has adopted a position, and it is for their opponent to dislodge them from it.
Instead, I advocate the use of a resolution statement where the focus is on the parties’ perception of the problem, the approach, the people and what a possible resolution might look like. The particular strengths and weaknesses of a case are relevant to mediation, but they should not be allowed to become the central focus: that is the role of the court. The judge will have the job at looking back and dealing with accountability; the mediator's role is to look forward at what a meaningful, post-dispute world might look like.
A refreshing approach: Preparation
I often hear parties talk about spending the best part of a day preparing for mediation, and of course preparation is very important. But it is more important to focus on quality over quantity. Legal representatives are not preparing for a hearing. Mediation is not a battle. This is in particular why I prefer legal representatives to avoid using position statements that are dressed up skeleton arguments.
If the purpose of that is to try to persuade your opponent that you are right, then surely you have already tried that. If the purpose is try to persuade the mediator that their case is strong, this isn't going to get anybody particularly far. Instead, I encourage parties to focus on the people at the heart of the dispute, their interests and needs, their feelings, their resources, and their ideas of what resolution might look like.
A refreshing approach: Collaboration, not calamity
We encourage parties to leave their differences at the door and approach mediation with an emphasis on building trust, collaborating and being creative. We’ll help you build a safe space so parties can be heard, and each parties’ interests can be meaningfully explored. Parties to a dispute often make the mistake of thinking they know what the other side wants, and this can lead to animosity and stagnation. Learning to trust someone who is opposed to you is difficult, but achievable with the right support.
A refreshing approach: Costs
We take a fair and transparent approach to charges. In contrast to a lot of commercial mediators, we charge a fixed cost for the mediation including virtual pre-mediation meetings with both sides, the mediation and any follow-up discussions and assistance starting at £850 + VAT per party per day.
A refreshing approach: The Seven Pillars of Mediation
There isn’t one particular way to approach a mediation. If there was, everyone would do it.
I encourage parties to a dispute to adopt an approach that takes into account what happens neurologically when parties are in conflict. Cognitive bias plays an enormous role in how we treat and interact with other people. Recognising and managing bias is a key component to effective dispute resolution. We don’t see differences of opinion as an obstacle; we see it as part of journey. We don’t see “saying no” as the end of a negotiation; we see it as the foundation from which resolution can be built.
Crucially, building bridges doesn’t necessarily mean agreeing. Human psychology is far more intricate than that.
Our approach synthesises different mediation styles and methods to achieve the best result against a model founded on the seven pillars of mediation:
- Free and safe communication that allows the parties to take ownership of the dispute
- Implement fair rules of engagement between the parties
- Sequence phases by breaking the process down
- Define the problem through analysis and creativity
- Seek paths to solutions so parties discover what might work for them
- Overcome the obstacles to resolution with creativity and blue sky thinking
- Seal the points of dispute in a workable agreement
Our Specialisms
Whilst we provide mediation services in all kinds of disputes and conflict, there are certain types of dispute in which I hold particular specialisms including:
- Property and land litigation
- Residential leasehold and service charge disputes
- Residential leasehold cladding and fire safety
- Dealing with vexatious litigants
- Commercial contracts and relationships
- Building and construction disputes
- Consumer rights
- Business leases
- Co-ownership, private client and TOLATA
- Professional negligence
- Health, education, adult social care and safeguarding
- Public procurement
- For workplace and employment mediation, visit out separate page