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...

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Contrasting mediations….richness awaits…..
POSTED ON June 02, 2014 | Comments (0)

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...

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Falling Upward?
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...

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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...

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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...

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Some Reflections on a New-ish Experience
POSTED ON January 08, 2014 | Comments (0)

I recently conduced a mediation in the Middle East. It was a large commercial dispute. My learning from a rather new experience is this: •One needs to understand the local nuances •Being able to show awareness of some local customs and language is respectful and...

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It Could Only Happen to a Mediator?
POSTED ON December 31, 2013 | Comments (2)

It's one of your biggest ever mediations. The sums seem huge - to you. You could buy a small country with the cash. The stakes are high. The ranking of the principals is higher and, you are told, their expectations of you, the mediator, are...

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Humility, Courage and Responsibility in Leadership
POSTED ON December 16, 2013 | Comments (0)

Jonathan Trott's decision to leave the England Ashes touring party due to a stress-related illness was widely covered and with a degree of sympathy which marks a changing public awareness of the impact of mental health issues. It also suggests greater recognition that acknowledgement of...

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Mediation in Commercial Disputes
POSTED ON December 01, 2013 | Comments (0)

Take an example of creative problem-solving: there are two parties with claims and counter claims in a court action. They have a common problem: a major facility needs fixed. Further up the chain, it does not matter who caused the problem or why. It needs...

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Disclosing who is Present at Mediation
POSTED ON July 26, 2013 | Comments (0)

In a recent mediation, we had to discuss whether the presence of insurers should be disclosed to the other party. I offered these views: "As you know, my initial view was that your proposal would be inappropriate on the grounds that it would place me...

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