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Convention has it that inviting a judge to sit as a mediator is like asking a pyromaniac to run an oil refinery. Barristers, likewise, can be equally controversial. In a career that has defied convention, barrister turned in-house advocate, turned mediator, turned part-time judge, Leeds's Patrick Walker has crossed the legal profession's boundaries with notable aplomb (and finds mediation most rewarding). Here's why... How do you reconcile the different states of mind required of a judge, a barrister and a mediator? Whilst some skills are common to all three, there is no doubt that some discipline is required to apply the correct mind-set. However, because mediation produces such positive results, I am much more likely to find myself wanting to mediate from the Bench than judge as mediator. Which role do you prefer? Does mediation rob its protagonists of the thrills of the courtroom? Mediation is the hardest work and the most rewarding. Even ‘successful’ litigants at court find out very soon that the ‘thrill’ of the courtroom is like a cheap kebab – there may be a point in time when you really want it, but as soon as it is finished, you wish you had left it well alone.
What do you find most satisfying about mediation? Mediation provides a unique opportunity for parties to decide for themselves and to move on. There is immense satisfaction in watching the weight of a dispute lift from a party’s shoulders as resolution becomes a reality, often with the added bonus of going some way to repair a damaged commercial or personal relationship. Do you find yourself warning parties about unreliable judges? If so, how do they react? Yes I do and the parties usually take the point. I just hope its because they are concerned about finding themselves in front of a judge who is not like me!
Working within a solicitors' firm, what's your perception of lawyer-resistance to mediation? Occasionally I see a litigator reluctantly mediating his ‘golden goose’, but much more often solicitors understand very well that the way to retain clients and strengthen their practice is to understand promote and engage in mediation in almost every case.
What do you consider the highlights of your career as a mediator? It was good to be recognised by The Legal 500 and Chambers directories but it has been particularly satisfying to receive independent feedback from an experienced litigator (who is not afraid to be critical) as ‘comfortably the most impressive mediator I have used’.
What's been your most embarrassing blunder? I did mistake counsel for the insolvent party with criminal convictions on one occasion, but as he himself said ‘an easy mistake for anyone’!
You've been quick to compile a public record of feedback in The Mediator Directory, why?
Solicitors tell me that the established directories focus on a very small number of mediators and that there is a dearth of independent reliable information available. Word of mouth continues to be my most important source of recommendation, but increasingly solicitors and their clients are cross-checking on The Mediator Directory. We can see what solicitors think about you as a mediator, what does your family think? A mixture of pride and frustration: the latter when I try to use the skills at home!
If you could change one thing about the mediation market, what would it be? I would like mediator training organisations to be more realistic with their clients about the challenges of developing a mediation practice. I know a number who have spent considerable hard-earned cash and have been disillusioned by the scarcity of opportunities to mediate.
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