To settle or not to settle, that is the question: Is it noble to fight or coward to settle?
On 8 May 2018, CRCICA revived the tradition of holding mediation breakfast seminars by organizing an interactive session entitled “To settle or not to settle, that is the question: Is it noble to fight or coward to settle?” delivered by Ms. Fatma Ibrahim, mediation special advisor to CRCICA.
Ms. Ibrahim explored with the attendees one of the common fears about engaging mediation –that of appearing weak. To dismantle the fear, the attendees engaged in games and interactive discussions to recognize that comparing mediation to litigation or arbitration sets the parties and their lawyers in the wrong direction. Being future-based is one of the main features of mediation, where the parties look for a mutually acceptable solution through the assistance of a trained mediator, rather than evaluating their legal rights. Once the main features of mediation were clarified, the attendees concluded that proposing mediation is a sign of proactivity rather than weakness. For parties with a strong case, proposing mediation encourages honest and open dialogue before parties get entrenched in their views and positions. For parties with a weak case, proposing mediation is a sign of pragmatism and shows a desire to end the dispute as early as possible. The seminar was attended by a number of lawyers and engineers and reflected a uniquely interactive format that kept everyone engaged.