Key Learning Points from Recent Mediations
POSTED ON May 14, 2015 | Comments (0)

"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 (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...

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Key people of influence?
POSTED ON November 21, 2012 | Comments (0)

I commend the book Key Person of Influence by Daniel Priestley. It is one of those books the title of which might seem off-putting, but which captures well the phenomenal changes in the world of business and communications, especially social media, in recent years. It...

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Mediation or Meditation - the Missing Link?
POSTED ON March 19, 2012 | Comments (0)

What is it that makes mediation such an effective process for so many disputes? Why do so many long-running conflicts reach a solution in a day of mediation? Is there some sort of magic in what the mediator does? At the start of a mediation...

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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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Lawyers' Over-Confidence in Outcomes?
POSTED ON October 12, 2010 | Comments (0)

The role of lawyers is to evaluate cases and try to predict the most likely outcome.  To attract and win clients, arguably they must do so with confidence. A recent study of the accuracy of those predictions, however, contends that lawyers are often over-confident and...

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