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...
Can lawyers do their jobs and still act with 'kindness'?
POSTED ON February 03, 2020 | Comments (0)
Recently, I had the privilege of facilitating a session at Scotland’s Citizens Assembly at which politicians from four political parties took the opportunity to discuss with the Assembly members (more than 100 people randomly recruited from across Scotland) their vision for the future of the...
Keep Mediation and Arbitration Separate?
POSTED ON August 28, 2015 | Comments (33)
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 (448)
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 (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...