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...
Alternative Routes to Effective Solutions
POSTED ON January 09, 2017 | Comments (0)
I was delighted to read my friend Angela Grahame QC’s article in these pages a couple of weeks ago. As the recently elected Vice Dean of the Faculty of Advocates, Angela is bringing a freshness and agility of thought to her work in that role....
Mediation Kindness in 2017?
POSTED ON December 30, 2016 | Comments (0)
“I often draw strength from meeting ordinary people doing extraordinary things … their lives frequently embody a truth expressed by Mother Teresa, from this year Saint Teresa of Calcutta. She once said: ‘Not all of us can do great things. But we can do small...
Putting away childish things
POSTED ON November 29, 2016 | Comments (0)
I have just read Ian Macduff’s recent Kluwer blog (26 November: “Upheaval and resilience: a note from the Shaky Isles”). What a privilege it is, in this blog, to follow Ian’s erudite writing. He captures so well the spirit of the age, with all its...
No matter what, it's always good to talk
POSTED ON November 21, 2016 | Comments (0)
Returning from Florence, where I had the enormous pleasure of addressing 100 students, staff and local lawyers participating in a mediation competition at the university Law School there, I reflected on the importance of the next generation as we face the challenges ahead. These students...