Louise Mathias: Barrister, Mediator, High Performance Consultant & Coach

Sign up to Louise's vlogs, so you never miss a post. They will be delivered directly into your inbox to assist you and your practice.

How are you out of 10 - a good question that requires a response. We are all humans regardless of our legal positions.
#sydneybarrister #mediator #collaborativecoach

Do you want to be a valuable asset to your client at mediation? Do you attend mediation with a gladiator style of advocacy?
Tip #2: Have you discussed with your client the necessity for them to be flexible and compromise to reach settlement? Do you bring one fixed outcome or preconceived idea as to the final outcome, which may be dependant on what offers have occurred previously, as to what settlement may look like? It’s good to prepare and have a BATNA (best alternative to... negotiated agreement) and WATNA (worse alternative to negotiated agreement) in mind.
Settlement means taking something less than the clients think they are entitled to, both parties have to shift, which does take time. Gladiator style advocacy does not assist. Insisting on all that a client is perceived to be entitled to leaves no incentive for the other side to settle and only insures that there will be a hearing. Don’t be a gladiator, be a trusted advisor.
The costs of continuing (emotional, financial, delays and uncertainty) need to be clearly articulated prior to mediation, as part of a lawyers trusted advice. If it settles or not, its the clients dispute and decision, either way, with advice, not gladiatorial argument, from their lawyer
#mediator #sydneybarrister #collaborativecoach
See More

What if you went to a high class restaurant and they only had one item on the menu - - no choice - how would you feel? Would you recommend that restaurant? Are the best practice family law principles to largely offer only one item on a dispute resolution menu?
Tips for lawyers on how to manage client expectations and offer a bespoke family law service with a full dispute resolution menu.
Louise has a solid track record of resolving disputes at mediation as a mediator (and a b...arrister). Contact Louise on (02) 9336 5299 or louise.mathias@sydneybarrister.net.a u to discuss how she can assist you and your clients achieve resolution at a successful and enjoyable mediation.
#mediator #sydneybarrister #collaborativecoach #familylawarbitrator
See More

Want to be a stand out lawyer at mediation?
Ask yourself: What is the result you would like to advise your client aspire to, not a ‘wish list’ but based on an objective and realistic evaluation of your clients case? Have your provided your client with sound, solid advice based on objective analysis, including the financial, emotional costs going forward if it doesn’t settle at mediation?
Tip # 1: Too frequently lawyers advise and reassure clients, and in doing so become pro...fessionally and emotionally connected to their given opinion, and instinctively hostile to anyone who questions it. Don’t let professional rigidity be the stumbling block for settlement at mediation, particularly if the client has other ideas to settle (ie less than a legal position). Its the client’s dispute and their resolution (or not), where lawyers best asset to the process, is that of acting as a skilled advisor.
#mediator #sydneybarrister #collaborativecoach
See More

The NSW Bar Association held an ADR Masterclass on the 11 August 2018. Dr Simon Longstaff AO, Executive Director of the Ethics Centre presented on Ethics and ADR Practitioners, which was very interesting and insightful. Watch Louise's latest video as she shares insights from the day at https://youtu.be/r3uwL6IGwfk
#sydneybarrister #mediator

How can a mediator add value to your clients mediation?
Tip # 3: By investing time before mediation to get to know the brief, the parties, the key pieces of evidence needed to determine the strengths / weaknesses of each party’s case (not to give advice or opinion but to evaluate) and to assess how best to navigate mediation for the greatest prospect of success.
If the mediator is fully prepared, the more likely the outcome will be an ethical and reasonable settlement, both ...parties can live with.
Mediator preparation is key.
#sydneybarrister #mediator
See More

How can a mediator add value in a dispute?
Tip # 2: Mediators who are friendly, empathic (show genuine concern for clients and tries to put themselves in the clients shoes – this doesn’t mean agreeing with one or other client), approachable, sincere, strong, respectful, impartial, with a healthy sense of humour. These skills are valuable whether engaged in facilitative, evaluative or a combination of both mediation models. Soft skills [and a sense of authority and control] when applying a flexible mediation model is vital.
#sydneybarrister #mediator

If people could resolve conflict themselves they wouldn’t need a mediator.
How does a mediator add value?
Tip # 1: By building genuine rapport (not fake rapport as it can be detected a mile off) between the mediator and the parties….it builds trust in the mediator.
... #sydneybarrister #mediator
See More

You know the situation family lawyers; one client withholds the child/ren front the other parent, for a variety of reasons, including the child/ren are at significant risk of harm in the other parents care.
Pruchnik & Pruchnik may provide some insight into the advice to give your client, if they are withholding, without adequate evidence in support as to the consequence of such conduct.
#sydneybarrister #mediator #collaborativecoach #familylawarbitrator
... https://bit.ly/2AwzV7b
See More

I hear and see lawyers asking for recommendations for an aggressive, lawyer or Barrister, in X area of law. Do aggressive tactics achieve better results? Does aggression increase your happiness at work with those you choose to work with, or recommend, who are aggressive? Is a happy work environment created by aggresssiveness? What's the difference between being aggressive, robust and zealous? What are some options to aggression? Watch this video for some helpful tips from the NYPD Hostage Crisis Team, where there are high stakes involved in their negotiations. Maybe lawyers, barristers and others who interact with other humans in law, can learn from them?
#sydneybarrister #mediator #collaborativecoach #familylawarbitrator

I attended a meeting recently where the lawyers stated and agreed the following (not verbatim): lawyers don't know how to (not part of their skills), or alternatively don't want to, handle conflict or high conflict/emotion between clients, they prefer to pass the conflict/emotion to non lawyer collaborative coaches (and by extension non lawyer mediators), as managing emotions and conflict is not part of a lawyers skill set.
Does this mean that lawyers who act as mediat...ors and collaborative coaches don't really have the skills to manage conflict and human emotions at mediation or as collaborative coaches?
We know lawyers, barristers, SC’s and ex judges successfully mediate in many areas of law ..... with varied skill sets and styles.
Lawyer Mediators, FDRP’s, Collaborative Coaches are trained to understand and utilise human soft skills and legal skills, in a bespoke way, to resolve disputes.
There are lawyers who have more than only one skill - technical brilliance :-) Through training, life experience, courses and more
I believe, lawyers, in whatever role they work in, CAN possess technical and soft skills = EQ + technical skills so that they fulfil their roles as mediator and/or collaborative coach and/or lawyer and/or Barrister etc.
Your thoughts.....
#sydneybarrister hashtag#mediator #collaborativecoach
See More

Expectations and ways of practicing law are changing as AI and innovation takes hold. Are you (and I?) and your law firm keeping up
#sydneybarrister #mediator

In victims of Institutional and medical negligence cases a common issue that often arises is; if there are other alleged contributing factors which caused the Plaintiff harm, other than the alleged negligent act or omission, who has to prove what in this scenario? How can mediation be given the best opportunity for success in these cases?

There are many reasons why mediation is successful. However, in this video I provide 5 tips (there are more) to achieve greater enjoyment and success at mediation, including tips for both lawyers and mediators, from my experience.
Feel free to contact Louise to discus show she can assist you and your clients have a more enjoyable and successful mediation experience at louise.mathias@sydneybarrister.net.a u or (02) 9336 5399
#sydneybarrister #mediator #collaborativecoach