Keep Mediation and Arbitration Separate?
POSTED ON August 28, 2015 | Comments (28)
My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the University of New South Wales in the annual ICC mediation competition....
New Horizons: Keynote Address to Arbitrators' and Mediators' Institute of New Zealand
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...
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...
On this referendum day in Scotland
POSTED ON September 18, 2014 | Comments (319)
On this referendum day in Scotland, I am writing this piece without knowing the outcome. By the time most of you read this, our future will be clearer. And by then, whatever the outcome, the work of restoration, healing and moving forward together will have...
Getting to Yes or No?!
POSTED ON August 27, 2014 | Comments (0)
On Thursday 4 September, Collaborative Scotland hosts a Day of Dialogue which will focus on respect and reconciliation in the lead up to, and after, 18 September. It is not about Yes and No but how we will live and work together regardless of the...
It Only Takes a Few Moments....
POSTED ON July 30, 2014 | Comments (0)
It was just a few moments. “You can’t play on our course without proper golf shoes.” “But we played here two days ago in these shoes.” “My colleague must have made a mistake”. “But it was you who let us play…”. “It’s in our rules.”...
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...
Commitment to Respectful Dialogue
POSTED ON March 18, 2014 | Comments (2)
Scotland is having a referendum on its constitutional future. As I write this, it is exactly six months until we vote. Whatever the outcome in September's referendum about independence for Scotland, in this country we will all need to work hard to ensure that we...
Cognitive Illusions Hamper Litigation Choices
POSTED ON January 20, 2014 | Comments (1)
Lawyers are as susceptible to errors in decision-making, and in giving advice to clients, as lay people, and this has a significant impact on the timing and quality of settlement of disputes. So we are told in a thought-provoking article in the Southern California Law...
Humility, Courage and Responsibility in Leadership
POSTED ON December 16, 2013 | Comments (0)
Jonathan Trott's decision to leave the England Ashes touring party due to a stress-related illness was widely covered and with a degree of sympathy which marks a changing public awareness of the impact of mental health issues. It also suggests greater recognition that acknowledgement of...