New Horizons: Keynote Address to Arbitrators' and Mediators' Institute of New Zealand
POSTED ON July 24, 2015 | Comments (1)

I posed these questions in my keynote address to the annual conference of the Arbitrators' and Mediators' Institute of New Zealand recently, in the context of the conference theme of New Horizons: What if the way in which we have sought to resolve difficult disputes...

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Key Learning Points from Recent Mediations
POSTED ON May 14, 2015 | Comments (10)

"What's been going on in recent mediations", asked a colleague. "Any highlights?" The trouble with doing anything on a regular basis is that you can omit to reflect on the learning from each occasion. So, for me, here are some takeaways from the past few...

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A Dispute Resolution Clause
POSTED ON July 10, 2014 | Comments (1)

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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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 (2)

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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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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Mediation in Planning
POSTED ON September 29, 2011 | Comments (0)

The Output Paper reporting on Core's involvement in the Scottish Government's pilot project on mediation in planning has now been published: http://www.scotland.gov.uk/Topics/Built-Environment/planning/National-Planning-Policy/themes/Med11 It is good to see progress being made in this important area. Mediation offers much to assist speedier and more constructive progress in...

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Asking the Right Questions
POSTED ON February 10, 2011 | Comments (0)

Some readers will have seen my piece in the Scotsman recently commenting on concerns expressed about the conduct of a Scottish Parliament committee when questioning those appearing before it on the subject of the Parliament's tax-raising powers. This raises the more general issue of how...

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Coalition Working
POSTED ON May 24, 2010 | Comments (0)

We all know that something really interesting happened in British politics with the agreement of the Conservatives and Lib-Dems to work in coalition. What is interesting is the reaction. People don't quite know how to deal with it. We are accustomed to an adversarial approach...

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Mediation and Coalition Government
POSTED ON May 02, 2010 | Comments (0)

An intriguing and unheralded intervention in the general election campaign came last week from the Centre for Effective Dispute Resolution in London. The Centre suggested that, with the prospect of a "hung" parliament, what we need is a Parliamentary Coalition Independent Mediator. Although a bit...

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