Brexit negotiations continue to hit the headlines – predominantly due to their lack of progress. It is eight months since Prime Minister Theresa May triggered Article 50 and with just sixteen months to go until Britain leaves the EU, there is still a huge amount to negotiate. Why is it all taking so long and why are we regularly being told by the EU negotiators that talks are deadlocked? Debate is raging about what will happen if no agreement is reached, and an OECD report warning “no deal” would see investment seize up, the pound hit new lows and the UK’s credit rating cut.

Positional negotiation getting nowhere

The Brexit negotiations are a classic example of where mediation could help break the impasse. Currently, little progress is being made because both parties are continuing in their positional negotiations, playing to their own audiences. Professional negotiators should be advising them that in order to move forward, they need to take a new approach. It’s hard to believe that our negotiators have a negotiation strategy in place. From the evidence of the talks Are they truly able to listen to the other side’s needs, in order to facilitate resolution?

Serving their constituents – But wait, was there a Breakthrough we missed?

The Brexit negotiations are of course made more complex by the politics involved. Some of those leading the negotiations didn’t even vote for Brexit. The EU doesn’t want to set a precedent for other nations to leave. But did we miss a breakthrough? That both parties were in agreement – that the ball was in the other party’s court and ‘we’re running out of time’ and we’re just about to walk of a cliff edge.

But political leaders have a duty to serve their constituents. Unsuccessful negotiations won’t benefit the UK or the remaining members of the EU. Personal emotions aside, the world needs negotiations to make progress and a deal to be reached.

Mediation could be the key

I believe that mediation could be used to assist these negotiations, just as in so many other cases. Mediation makes resolution the priority, above all personal, emotional and political standpoints. With experienced non European mediators involved, parties on both sides can explore possibilities for resolution. Conflict management could help separate the problems from the people involved, develop mutual respect and facilitate parties to uncover solution options together. This should be a collaborative process with our European friends, respecting each side’s needs and interests.

As an experienced and innovative Mediator, accredited in Business Mediation for Commercial and Residential Property, Construction, Business and Commerce, Retail, Restaurant, Healthcare, Franchising, and financial related disputes I can help.

With over 33 years’ experience as a property solicitor I am fully versed in the legal framework of property and business disputes, and passionate that mediation provides a fresh approach, with a 75% success rate.

To find out more please visit: rogerlevittmediation.co.uk

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