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 (3)
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...
Lessons in Life for a Mediator?
POSTED ON July 07, 2014 | Comments (0)
I am interested in convergence – of ideas, of behaviour, of trends, of different disciplines. The more I read, the more common themes I discern in the arts, science, spirituality, leadership and in what we do as mediators. A reflection of this is found in...
The Dance of Negotiation: Avoid Ultimatums?
POSTED ON June 23, 2014 | Comments (0)
“Please find attached our clients’ offer for the above property. This is their best and final offer and they have asked for a decision today.” A letter received out of the blue on a Friday afternoon on behalf of clients who were interested in...
Encouraging Collaboration to transform our economy
POSTED ON June 12, 2014 | Comments (0)
It is encouraging to read of the N-56 initiative to promote greater collaboration between government and business. Whichever way we vote in September, it is arguable that one change that could really transform Scotland’s economy and its use of public funds would be to turn...
Contrasting mediations….richness awaits…..
POSTED ON June 02, 2014 | Comments (1)
I write here about two contrasting experiences which have, for me, underscored the richness of the mediation process. In one mediation, involving business partners with an ongoing management issue, one of the protagonists (A) suggested bringing in another partner (D) who was not perceived to...
POSTED ON May 07, 2014 | Comments (0)
I have been reflecting recently on the individual and collective professional journeys we all undertake--and on the different stages we reach. My reading has taken me to a thought-provoking book by theologian Richard Rohr, entitled Falling Upward. Rohr's thesis, put very simply, is that...
Commitment to Respectful Dialogue
POSTED ON March 18, 2014 | Comments (1)
Scotland is having a referendum on its constitutional future. As I write this, it is exactly six months until we vote. Whatever the outcome in September's referendum about independence for Scotland, in this country we will all need to work hard to ensure that we...
Cognitive Illusions Hamper Litigation Choices
POSTED ON January 20, 2014 | Comments (1)
Lawyers are as susceptible to errors in decision-making, and in giving advice to clients, as lay people, and this has a significant impact on the timing and quality of settlement of disputes. So we are told in a thought-provoking article in the Southern California Law...