POSTED ON February 18, 2015 | Comments (0)
I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a...
Building Blocks for Achieving the Best Result in Mediation
POSTED ON February 12, 2015 | Comments (0)
I have just come from a meeting with a senior member of the legal profession. “What can you do”, he asked “to help persuade clients to agree to mediation?” I was rather surprised that this question was still being asked but, of course, there are...
Communication Key to Solutions
POSTED ON January 12, 2015 | Comments (0)
As another year dawns, it is good to reflect. How privileged many of us are. We are given opportunities to help people who face difficult and important matters. Often these have a significant impact on the lives of those affected. Each deserves to be treated...
Starting Out Again
POSTED ON January 06, 2015 | Comments (1)
I recently had occasion to reflect on how it feels to go back to what we do after a break. The first emotion is fear. It's been a while. You're not sure how it will go. Last time wasn't too great. You feel tentative and...
International Commercial Mediation in Singapore - Lessons for Scotland?
POSTED ON November 07, 2014 | Comments (1)
A country of approximately 5.5 million people. Well placed strategically for transport links between other nations. In close proximity to a number of much larger neighbours. A reputation for honesty, fair-dealing, hospitality and good manners. Carefully non-aligned to any major power bloc. A hub for...
On this referendum day in Scotland
POSTED ON September 18, 2014 | Comments (448)
On this referendum day in Scotland, I am writing this piece without knowing the outcome. By the time most of you read this, our future will be clearer. And by then, whatever the outcome, the work of restoration, healing and moving forward together will have...
Getting to Yes or No?!
POSTED ON August 27, 2014 | Comments (0)
On Thursday 4 September, Collaborative Scotland hosts a Day of Dialogue which will focus on respect and reconciliation in the lead up to, and after, 18 September. It is not about Yes and No but how we will live and work together regardless of the...
Enhancing Communication between Parties in Mediation
POSTED ON August 19, 2014 | Comments (1)
Some time ago, I concluded a mediation involving three parties in a commercial matter with a brainstorming session to devise a checklist for future conduct between them. We were adjourning to enable the parties to work on a plan to seek finance for an option...
It Only Takes a Few Moments....
POSTED ON July 30, 2014 | Comments (0)
It was just a few moments. “You can’t play on our course without proper golf shoes.” “But we played here two days ago in these shoes.” “My colleague must have made a mistake”. “But it was you who let us play…”. “It’s in our rules.”...
A Dispute Resolution Clause
POSTED ON July 10, 2014 | Comments (8)
Recently, we had cause to specify a form of mediation clause for a public sector contract. Here is a revised version of what we agreed. What do readers think? “Dispute Resolution 22.1.1 The parties must attempt in good faith to resolve any dispute, difference...