Mediator "Fairness"?
POSTED ON May 02, 2018 | Comments (1)

We finished module 2 of our flagship training course last week. One of our participants emailed me the next day: “I was driving up the road yesterday and mulling over one aspect of the mediation exercise we did. I get that we are facilitating adults...

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Nelson Mandela, master of mediation
POSTED ON April 23, 2018 | Comments (0)

In just a couple of weeks, over 120 mediators from all over the world will arrive in Edinburgh for the annual conference of the International Academy of Mediators.  This is a wonderful occasion and a great opportunity for Scotland. Mediation in the mainstream? Quite a...

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Optimising the use of Joint Sessions in Mediation
POSTED ON March 29, 2018 | Comments (0)

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving. I am also aware of how much...

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Are you your own worst enemy? Think about it.
POSTED ON March 05, 2018 | Comments (0)

‘In the morning when I look at myself in the mirror, I like to remind myself that I am seeing the person who is probably going to give me the most trouble that day, the opponent who will be the biggest obstacle to me getting...

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Mediation: a cricketing metaphor
POSTED ON February 28, 2018 | Comments (0)

Recently, I was ruminating about analogies between cricket and mediation. Cricket is a much-loved sport in Scotland. Sadly, nowadays, changes in the climate mean that cricket in my home country is more often affected by summer rain and damp conditions than a generation ago. Its...

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An opportunity for early and constructive resolution
POSTED ON February 09, 2018 | Comments (0)

John Sturrock recently provided oral evidence to a Scottish Parliament Justice Committee Round-Table Session on “Alternative Dispute Resolution”. The purpose of the round-table was to explore issues around the availability of “ADR” in Scotland and any barriers to its use. This blog builds on aspects...

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Mediators and Self-Doubt?
POSTED ON January 08, 2018 | Comments (0)

At the start of another year, it can be useful to conduct a bit of a personal stock-take. What holds us back from achieving all we could this year? How many of us suffer from silent self-doubt? How many of us would admit to feelings...

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Mediating Minimally
POSTED ON December 28, 2017 | Comments (0)

As the year comes to an end, I am expanding upon a story to which I referred in a previous blog, in the hope that it may provide a couple of useful reminders of what we do as mediators. I had eaten a chicken curry...

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The abuse of power must be understood, not just condemned
POSTED ON January 05, 2018 | Comments (0)

We have heard a lot recently about abuse of power. Most publicly, it has manifested itself in various allegations of sexual misdemeanour in the political and entertainment worlds. It follows earlier scandals about expenses and other misuse of public funds. These are usually characterised as...

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Restoring Autonomy to the Clients – A Mediator's True Calling?
POSTED ON November 29, 2017 | Comments (0)

A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had exchanged correspondence deprecating perceived personal insults directed at professional advisers which, it...

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