Reflecting on Purpose
POSTED ON September 28, 2020 | Comments (0)
The process of discerning what to write about in a blog is interesting. Sometimes inspiration comes quickly. On other occasions, there is a barren wilderness, or a hotchpotch of half-formed ideas. This month feels like the last of these. I thought to write about a...
Westminster needs to brush up on the art of negotiation
POSTED ON September 22, 2020 | Comments (0)
It is so frustrating. Whatever the political merits and demerits of saying you will not observe an agreement already reached with another party if it no longer suits you, such a tactic is arguably a really poor negotiation strategy. It is almost bound to produce...
They Said It Couldn't Be Done - Mediation Training Online
POSTED ON September 15, 2020 | Comments (0)
They said it couldn’t be done. I said it couldn’t be done. Six months ago, running our (normally residential) flagship Summer School (“Using Mediation Skills as Leaders and Professionals”) online while sitting in my study at home would have been unthinkable. I was not in...
How SPFL dispute could have avoided going to court
POSTED ON July 28, 2020 | Comments (0)
The arbitration panel has issued its decision. The legal arguments have been analysed and adjudicated upon. In many ways, the whole process has been a defining moment for the sport. There may be a danger that the bad feelings created will linger. But was there...
Legal action can be costly, but there are alternatives
POSTED ON July 20, 2020 | Comments (0)
“Isn’t it incredible where you end up in a situation where the small guy cannot take on the big guy because they cannot afford the legal action?” “That’s an incredible situation – no justice can be served unless you can afford it.” These are words...
Seven Keys to Unlock Mediation's Golden Age
POSTED ON June 29, 2020 | Comments (0)
The international website Mediate.com has been publishing a series of peer reviewed articles under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. The seven keys are: Leadership, Data, Education, Profession,...
Mediation and Juicing - Parallel Worlds?
POSTED ON June 28, 2020 | Comments (0)
One of the positive aspects of the enforced changes brought about by lockdown is that it enables – or compels – us to try new things. So far, I’ve learned how to create and have issued 13 podcasts, the idea being to spread ideas as widely...
Mediations, using Zoom - a revelation?
POSTED ON May 29, 2020 | Comments (0)
Ten weeks ago, I had barely heard of Zoom. At that time, I was fairly sceptical about online mediation in the kind of cases I do. It could never substitute for face to face meetings with their intimacy and candour. Or so I thought. I...
Abraham Lincoln sought compromise. So should we.
POSTED ON May 26, 2020 | Comments (0)
“Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser, in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There...
Communication more important than ever
POSTED ON March 30, 2020 | Comments (0)
I have been writing articles for the Scotsman law pages for many years. Occasionally it has been difficult to find a topic or a theme. But this must be the most difficult of all. What does one say which has any meaning at a time...