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...

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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...

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IP Mediation
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...

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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....

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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...

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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...

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Game Theory
POSTED ON February 13, 2012 | Comments (0)

I have recently been studying Game Theory but only superficially (see Game Theory and the Humanities (Brams) and Super Cooperators (Nowak, a brilliant book). My son, David is studying the real thing at the moment at university. Recently, he sent me the lecture slides for his...

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A Civil Justice Council for Scotland?
POSTED ON January 26, 2012 | Comments (0)

Core recently responded to the consultation on a proposed Scottish Civil Justice Council. We expressed the view that this proposal seems to be an essential component in delivering an effective system of dispute resolution in Scotland in the future. We said that having a broad-based...

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Dispute Resolution in Scotland
POSTED ON July 13, 2011 | Comments (0)

While arbitration featured on the last government's agenda, around the world the really significant development is in the field of mediation as a non-adjudicative form of dispute resolution. The Ministry of Justice recently issued a Dispute Resolution Commitment in which mediation features prominently: http://webarchive.nationalarchives.gov.uk/20130128112038/http://www.justice.gov.uk/guidance/mediation/dispute-resolution-commitment.htm. Many...

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Civil Justice Reform in Scotland: Beyond the Gill Review
POSTED ON March 24, 2010 | Comments (0)

You will know of the analogy of the frog in the gradually heating water which, unaware of its changing environment, is unable to do save itself when the water gets too hot. I believe that, if we wish to survive and thrive, we do need...

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