The Dispute Brief

Augusta Shahin

Welcome to The Dispute Brief with Augusta Shahin, where we talk about arbitration and mediation from a Nigeria-based perspective. Each episode breaks down one dispute issue in plain terms, with practical next steps for lawyers, in-house teams, and business owners. Questions or topic requests: hello@thedisputebrief.com New episodes every Thursday.

Episodes

  1. 1D AGO

    Choosing Mediation: When It’s Smart, When It’s Weak

    In this episode, Augusta Shahin breaks down a practical framework for assessing when mediation is the right approach for dispute resolution, emphasising the importance of structure, decision-making authority, and understanding the dispute's true nature. This insight helps legal and business professionals avoid time sinks and leverage mediation effectively. The fundamental purpose of mediation as a structured negotiation processRed flags indicating when mediation is likely to failConditions that make mediation a strategic choice, including relationship preservation and cost considerationsEssential pre-mediation agreements on attendance, documents, and timelinesThe importance of clear decision-making authority and a defined escalation plan00:00 - Mediation as a strategic choice, not a personality trait00:28 - Benefits of mediation: preserving value, protecting relationships, quick resolution01:26 - The common mistake: choosing mediation based on instinct, not case assessment01:56 - Risks of unstructured mediation sessions and prolonged negotiations02:25 - Introducing a simple framework: understanding what mediation really is02:53 - The core of mediation: structured negotiation and the importance of a real settlement zone03:22 - When mediation is most appropriate: payment disputes, ongoing relationships, messy facts, confidentiality, urgent time frames04:41 - Red flags signaling weak mediation prospects: urgent protection needs, refusal to share key info, lack of decision maker, avoidance of figures and commitments, need for legal rulings06:01 - How to control the mediation process if red flags are identified06:48 - The key concept: mediation with structure leads to real settlement discussions07:02 - Essential pre-mediation agreements: attendance, documents, timetable, escalation plan08:17 - What to expect in a well-run mediation: clarity, strategic caucusing, and offer shuttling08:46 - Mediation Go/No-Go checklist: assessing the settlement zone, decision-maker availability, necessary documents, and deadlines09:16 - The importance of arriving prepared: numbers, documents, draft terms10:03 - Enforcing the timetable and protecting legal limitations during talks10:27 - Final takeaway: mediation is powerful when both sides are ready — structure it tightly otherwise Next episode: Third Party Funding in Nigeria: The Disclosure People Forget.

    11 min

About

Welcome to The Dispute Brief with Augusta Shahin, where we talk about arbitration and mediation from a Nigeria-based perspective. Each episode breaks down one dispute issue in plain terms, with practical next steps for lawyers, in-house teams, and business owners. Questions or topic requests: hello@thedisputebrief.com New episodes every Thursday.