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...

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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...

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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...

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Key Learning Points from Recent Mediations
POSTED ON May 14, 2015 | Comments (69)

"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 (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...

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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 (41)

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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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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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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