Series 2, Episode 1: Why Do Businesses Choose to Go to Court Over Mediation?

We are back! After an incredible first season, David Goldberg and I are diving straight into the deep end for the Season 2 premiere.

Despite the high success rates and cost-effectiveness of mediation, many businesses still find themselves heading for the courtroom. In this episode, we pull back the curtain on the "why." Is it about control? Precedent? Or simply a misunderstanding of what mediation can achieve?

In this episode, we discuss:

The psychological and strategic reasons businesses default to litigation.The risks of choosing the "day in court" over a collaborative resolution.

How to pivot your strategy when you’re leaning toward a legal battle.New here? I

f you’re just joining us, welcome! We highly recommend going back to listen to Series 1 (Episodes 1–10). We cover everything from the "Day of Mediation" and "How to Prepare," to the crucial steps of "How to Pick the Right Mediator."

It’s the ultimate toolkit for anyone navigating a dispute.Have a question? We’d love to hear from you!

Reach out to David or myself via the links in our bios on Spotify or YouTube.Thank you for listening, and let’s get Season 2 started!

Hosted by Zakia Khalid, Commercial Litigation Solicitor & Debt Recovery Trainer, with David Goldberg, Partner at EMW Law & Legal 500 Lead Mediator. Together, we unpack the real strategies, tips, and insights behind successful mediation.Smart, simple, and effective conflict resolution—made clear.Tune in to learn how to navigate disputes with clarity, confidence, and calm.
Hosts: Zakia Khalid - ⁠⁠https://www.zakiakhalidlaw.co.uk/⁠⁠Zakia is a Debt Recovery Solicitor and Trainer to business finance and credit control teams, helping them understand and navigate the legal process of recovering unpaid invoices/debts to ensure cashflow is protected and bad debts are collected. David Goldberg - ⁠⁠https://www.emwlaw.com/⁠⁠David is a solicitor-mediator accredited by CEDR and recognised in the legal 500 for the last three years. He can mediate a whole array of matters face to face or over Zoom. Please contact David direct by email (⁠⁠david.goldberg@emwlaw.com⁠⁠) or via LinkedIn for more details, a CV or with any questions. Thank you to our sponsors: Right Here Creative - ⁠⁠https://www.rightherecreative.co.uk/⁠⁠GD Associates - ⁠⁠https://www.gdassociates.net/

Hosted by Zakia Khalid, Commercial Litigation Solicitor & Debt Recovery Trainer, with David Goldberg, Partner at EMW Law & Legal 500 Lead Mediator.

Episode 10: Partnership Over! Mediate the Mess

When professional relationships break down, the dispute is often more complex than just money.

In this episode, David and I tackle the complicated world of shareholder and partnership disputes. We discuss why these conflicts are often intensely personal and commercial, moving beyond simple money claims to include breaches of restrictive covenants, procurement arguments, and bad blood in niche industries.

Tune in to understand:

• The core legal complexities of shareholder disputes (e.g., non-compete clauses and client solicitation).

• How a three-party mediation might arise from a breach of covenant.

• Why partnership disputes, often lacking formal agreements, can be the hardest to untangle.

• The various resolutions sought in these cases, from financial damages to undertakings.

Discover why mediation is the essential tool for resolving these personal and commercial messes without airing your dirty laundry in public.

Together, we unpack the real strategies, tips, and insights behind successful mediation.

Tune in to ensure your clients are calm, focused, and ready to resolve the conflict!

Hosts:

Zakia Khalid - ⁠https://www.zakiakhalidlaw.co.uk/⁠

Zakia is a Debt Recovery Solicitor and Trainer to business finance and credit control teams, helping them understand and navigate the legal process of recovering unpaid invoices/debts to ensure cashflow is protected and bad debts are collected.

David Goldberg - ⁠https://www.emwlaw.com/⁠

David is a solicitor-mediator accredited by CEDR and recognised in the legal 500 for the last three years. He can mediate a whole array of matters face to face or over Zoom. Please contact David direct by email (⁠david.goldberg@emwlaw.com⁠) or via LinkedIn for more details, a CV or with any questions.

Thank you to our sponsors:

Right Here Creative - ⁠https://www.rightherecreative.co.uk/⁠

GD Associates - ⁠https://www.gdassociates.net/

Hosted by Zakia Khalid, Commercial Litigation Solicitor & Debt Recovery Trainer, with David Goldberg, Partner at EMW Law & Legal 500 Lead Mediator. Together, we unpack the real strategies, tips, and insights behind successful mediation.
Before you step into the mediation room, are you and are your clients truly ready?

Join David and I as we discuss the crucial art of managing client expectations around mediation. We discuss why setting the right tone is essential, how to explain the "without prejudice" nature of the day, and why relaxing into the process is the key to resolution.

• How to prepare clients to think "resolution" rather than "litigation."

• The critical differences between a mediation and a court trial.

• Why the first party to make an offer is actually making a positive move.

• David's tips for maintaining energy and focus during the day's "peaks and troughs."

Tune in to ensure your clients are calm, focused, and ready to resolve the conflict!

Hosts:

Zakia Khalid - https://www.zakiakhalidlaw.co.uk/

Zakia is a Debt Recovery Solicitor and Trainer to business finance and credit control teams, helping them understand and navigate the legal process of recovering unpaid invoices/debts to ensure cashflow is protected and bad debts are collected.

David Goldberg - https://www.emwlaw.com/

David is a solicitor-mediator accredited by CEDR and recognised in the legal 500 for the last three years. He can mediate a whole array of matters face to face or over Zoom. Please contact David direct by email (david.goldberg@emwlaw.com) or via LinkedIn for more details, a CV or with any questions.

Thank you to our sponsors:

Right Here Creative - https://www.rightherecreative.co.uk/

GD Associates - https://www.gdassociates.net/