Further Thoughts on Brexit and Caledonian Antisyzygy
POSTED ON July 29, 2016 | Comments (0)

This blog is a further reflection on the implications of Brexit, viewed from a Scottish perspective.   There are at least four possible outcomes for Scotland’s constitutional future. One, Scotland as wholly independent, neither in the UK nor in the EU. Two, as an independent...

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Why everyone needs to feel like a winner in the Brexit negotiations
POSTED ON July 05, 2016 | Comments (0)

As we approach months of negotiations among the many parties involved in Brexit, and Scotland’s place in Europe and indeed the UK, what techniques might we hope to see applied? Classic negotiation theory emphasises “positional bargaining”, ie arguing for your own position with a win/lose,...

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Reflecting on Two Long Mediation Days......
POSTED ON June 20, 2016 | Comments (2)

John Sturrock, with recently trained mediator, Anna Howard*   “Caminante, no hay camino, se hace camino al andar” “Traveller, there is no path, the path must be forged as you walk.” Antonio Machado, as quoted and translated in Daring Greatly, Brene Brown Those were two...

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Mediation Reports and Reviews in Scotland - there's more to do!
POSTED ON June 14, 2016 | Comments (0)

Recently, I have been looking through some reviews into how we resolve disputes in Scotland. The first to catch my eye was a report by the Royal Society of Edinburgh in early 2002, recording numerous recommendations by an expert panel chaired by the former Lord...

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Nipping Construction (and other) Disputes in the Bud
POSTED ON May 06, 2016 | Comments (0)

"The one thing I'd do differently is that I'd contact you and have a proper conversation about this before it went off the rails completely. Nip it in the bud. The guys on the ground were too close to it.  We stopped working on site,...

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A Master Advocate
POSTED ON April 11, 2016 | Comments (0)

In Autumn 1992, I was deputed to meet an Australian judge who was visiting the Faculty of Advocates with his wife, a barrister. They were leaders in "advocacy skills training", an activity in which I had shown some interest. Inspired by this meeting, in June...

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The Middle East's Mediator?
POSTED ON March 29, 2016 | Comments (1)

As I write this, I am looking across the Gulf of Aqaba at the Sinai Peninsula in Egypt, near the place where the Egyptian border abuts Israel, south of the Israeli Red Sea port of Eilat. This morning’s BBC news tells us that Israel is...

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Why Boldness and Aspiration are Key
POSTED ON March 07, 2016 | Comments (0)

Bernini’s life-sized sculpture of Apollo and Daphne, situated in the Galleria Borghese in Rome, is a striking masterpiece created by an artist at the peak of his powers, aged 24, nearly 400 years ago. The detail, finesse, sensitivity and sheer beauty of the piece makes...

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Changing Our Thinking About Delivering Justice
POSTED ON February 22, 2016 | Comments (0)

It is encouraging that the new Lord President in Scotland, Lord Carloway, has taken an enlightened and forward-looking approach to the Scottish court system (in a recent speech to the Law Society of Scotland). This is the latest signal that leaders in the legal profession...

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In Mediation, Timing is Everything – Put the Money Last?
POSTED ON February 22, 2016 | Comments (0)

Three recent mediations in three jurisdictions raised some interesting issues.  Each mediation was different. One involved a claim for professional negligence against a firm of solicitors for (allegedly) incorrectly including an occupied buiilding in the sale of a large piece of land. The sellers were unhappy that many years...

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