Moving to mediation makes for earlier resolution
POSTED ON April 15, 2019 | Comments (0)
As a mediator I look back on my years as an advocate at the Scottish Bar with great affection. The intensive preparation the night before. The pre-court anxiety as one wondered which judge would be allocated. Gathering volumes of case reports from the Advocates’ Library....
Knowing how to negotiate is an essential life skill
POSTED ON February 18, 2019 | Comments (28)
“The ability to negotiate well, to find ways to cooperate which recognise and promote the broad public interest, is essential to our future. We will not survive without being able to see beyond narrow and partisan positions. Our future depends on being competent negotiators. There...
How well do you perform in making Scotland a better place to live?
POSTED ON December 24, 2018 | Comments (6)
One of the privileges of my role is that I am invited to do things which give me an insight into aspects of life of which I might not otherwise be aware. Recently, I have been working with the Scottish Leaders Forum Strategic Leadership Group...
Never Give Up: Persevering in Mediation
POSTED ON February 06, 2019 | Comments (0)
“If you had not held us back that evening, the deal would not have been done.” “Thank you and I wish you well.” In this post, I return to a familiar theme for mediators and for lawyers acting for clients in mediation: perseverance. The first...
"Design in the Mediation Process": Reflections from an Assistant Mediator
POSTED ON December 11, 2018 | Comments (0)
Ainsley Francis writes: I had the opportunity assist in a mediation some time ago, and John has asked me to share my top three learning points from the day, as well as my thinking about why the process of mediation works and what makes...
A View from Frankfurt
POSTED ON November 29, 2018 | Comments (0)
My last blog reflected on an excellent mediation conference in Frankfurt on the Oder where the strength which comes from working together was clear. I started this present blog on the day that the EU agreed the terms of the UK’s departure from the organisation that has...
Mediation and Cups of Tea
POSTED ON November 14, 2018 | Comments (1)
“If only we’d had this conversation over a cup of tea fifteen years ago.” The client expressed frustration at the time which had passed, during which she and her opposite numbers had spent hundreds of thousands of pounds in litigation. That had got them no...
Mediator Engagement in Politics – and other things we care about
POSTED ON October 28, 2018 | Comments (3)
At a recent excellent conference hosted by Professor Ulla Glaesser at Viadrina University in Frankfurt (Oder), one of the workshop sessions focussed on the extent to which mediators can or should disclose or express their views when engaged in politically-related mediation work – or more...
A Universal Declaration of Interdependance is needed
POSTED ON October 29, 2018 | Comments (0)
Not long ago, I read a review of Yuval Noah Harari’s new book, 21 Lessons for the 21st Century. The message contained in it was so stark that I found myself temporarily paralysed with fear about the future. I had a visceral sense of powerlessness...
Brexit will put up barriers the EU was made to pull down
POSTED ON October 25, 2018 | Comments (0)
I don’t understand how you British could give up so easily. We’ve been trying for years to get into the EU. People lost their lives. You call it a prison. You have no understanding of what it is like for us. We know about prisons....