Taking a hard line can only lead to harder battles
POSTED ON June 15, 2017 | Comments (0)
Leadership is about many things. Often it is viewed through the prism of domination and force, where success is achieved by physical strength. In matters of sporting prowess, physical danger or traditional forms of battle, that may be a necessary and often successful approach. But,...
Sergeant Pepper, Nostalgia and Missing Socks
POSTED ON June 02, 2017 | Comments (0)
It was fifty years ago at the end of May that the Beatles launched the album (or LP as it was then called) “Sergeant Pepper’s Lonely Hearts Club Band” on the world - and the world was changed forever. 1967 was quite a year. It...
Mediation and Innovation
POSTED ON May 09, 2017 | Comments (8)
One of the great things about mediation is that it enables you to be creative and to try new things. Not that long ago, I had four innovations occur in one mediation day. Firstly, on the technological front, I found myself without a flip chart...
Reflections on American Trip
POSTED ON May 05, 2017 | Comments (5)
As I write this, I am returning from twelve days in America, a country that has perhaps become more difficult to understand than ever before. We spent time in San Francisco, Silicon Valley and the Deep South of Nashville and Memphis. Almost universally, the people...
Did they teach you this in law school?
POSTED ON May 01, 2017 | Comments (0)
I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten. Problem-Solving and Risk Analysis is more than learning about the law or what a court might...
A "Pop Up" Mediation: Brexit and Devolution
POSTED ON March 29, 2017 | Comments (1)
I am at my desk, an hour after the conclusion of a really fascinating event here in Edinburgh, in which my colleague, Charlie Woods, and I acted as mediators in a simulation of a mediated process involving 10 delegations representing different interests in the current...
A "Chance" Mediation Meeting
POSTED ON March 01, 2017 | Comments (0)
Where it is logistically possible (and that may only be in some cases), I have recently begun to suggest that I meet with parties and their lawyers on the evening before the full mediation day. I usually meet privately with each group for one hour...
A Mediator's Pitch
POSTED ON February 27, 2017 | Comments (0)
“Doubt is not a pleasant condition but certainty is an absurd one.” These words of Voltaire are as apt today as they were when he wrote them in the 18th century. I don’t know about you but this year seems to be a curious mixture...
Game Theory and Mediation: Adding Real Value?
POSTED ON January 30, 2017 | Comments (0)
By John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from...
Challenging Assumptions in Mediation
POSTED ON January 13, 2017 | Comments (0)
I share examples from two very different mediations, each challenging some assumptions about what can be achieved – and how. Number one: a dispute about interpretation and application of a limitation clause in a commercial contract. No factual dispute at all. In a large construction...