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...
Disclosing who is Present at Mediation
POSTED ON July 26, 2013 | Comments (1)
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...
Key people of influence?
POSTED ON November 21, 2012 | Comments (0)
I commend the book Key Person of Influence by Daniel Priestley. It is one of those books the title of which might seem off-putting, but which captures well the phenomenal changes in the world of business and communications, especially social media, in recent years. It...
A tribute to Professor Roger Fisher (author of Getting to Yes)
POSTED ON September 10, 2012 | Comments (0)
The recent death of Professor Roger Fisher of Harvard University, founder of the internationally-renowned Harvard Negotiation Project, has passed relatively unnoticed in this country. But for many of us who work in the field of conflict resolution, negotiation and mediation, Fisher stands out as the...
POSTED ON June 15, 2012 | Comments (0)
The Intellectual Property Office has called for observations on the relatively low use of its mediation service for IP cases. It is keen to understand the reasons for this and what more can be done to assist SMEs in resolving disputes before they reach the...
Medical Claims - need for a better way?
POSTED ON June 11, 2012 | Comments (0)
An interesting new Study of Medical Negligence Claiming in Scotland was recently published (http://www.scotland.gov.uk/Resource/0039/00394437.pdf). Its main findings included: Patient grievances appear to involve an often complex and overlapping mix of concerns about communication breakdown, poor staff attitudes, inadequate general care and generally feeling disempowered....
The value of mediation training
POSTED ON June 01, 2012 | Comments (0)
Over the 10 years we have been offering mediation training, we have seen solicitors from nearly all of the larger firms in Scotland participate -- often because being able to offer clients an understanding of how mediation works, from the inside as it were, is recognised...
Are mediators merely dealmakers?
POSTED ON May 24, 2012 | Comments (0)
Is it the job of the mediator to ensure that the parties do a deal? Is that implicit (if not explicit) in our contract with them? At a recent meeting of senior mediators, some took the view that this is what the parties expect. Others...
A handshake is easier to enforce than a judgement
POSTED ON May 17, 2012 | Comments (0)
"A handshake is easier to enforce than a judgment." The words of Robert Webb QC, former General Counsel at BA, at the first of two fascinating conferences I attended this week, both wrestling with promoting the use of mediation. In London, the Civil Mediation Council...
Civil Discourse and Collaborative Governance
POSTED ON May 01, 2012 | Comments (0)
The American Bar Association recently reaffirmed the principle of civility as a foundation for democracy and the rule of law. Its Resolution 108 goes on: "When dealing with the public as well as one another, lawyers should set a high standard for civil discourse as an...