World leaders must set aside rivalry to fight this scourge
POSTED ON April 21, 2020 | Comments (0)
“The only thing which will redeem mankind is co-operation,” observed the philosopher Bertrand Russell. Perhaps only a real crisis is enabling us truly to appreciate what this means and what it might take. What if one of our world leaders wrote to their counterparts in...
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...
The only thing which will redeem mankind is cooperation
POSTED ON March 17, 2020 | Comments (0)
“The only thing which will redeem mankind is cooperation” said the philosopher Bertrand Russell. Perhaps only a real crisis will enable us truly to appreciate what this means and what it takes. The impact of the COVID-19 virus is seen by some to be akin...
Key Learning Points from Recent Mediations
"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...
A Dispute Resolution Clause
POSTED ON July 10, 2014 | Comments (8)
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...
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
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...
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....
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...