news

Click here to read testimonials about Core's services.

Recent Topics

Click here and here to read John Sturrock's articles in The Scotsman during the Copenhagen COP 15 climate change summit

Click here to read the interview with Dr William Ury on his first visit to Scotland published in The Journal

Click here for 4-page spread on Core and its services published by Business 7

Mediation and Planning in Scotland - Launch of User's Guide: read more

Growth of Mediation in Practice: read more

Mediation in High Value Family Matters: read more

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Upcoming Training and Courses

  • Flagship Mediation and Conflict Management Skills Course
  • Click here to read more on training
  • Click here to read more on In House Training Services

Click here to find out more.

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The Economic Climate

The current uncertain economic situation is encouraging more use of mediation. The number of matters coming to mediation has increased sharply since last summer.
 
Core’s Chief Executive, John Sturrock, comments:
 
“Many clients are now looking to achieve certainty and quick resolution of outstanding differences, while controlling costs and managing time as effectively as possible. Traditionally litigation has been used to deal with disputes and claims. Now, however, mediation is available as a credible and useful tool to address problems in a smart and cost-effective manner. Mediation is now being used in a much broader context and is expanding beyond traditional disputes into management issues and contractual and other commercial differences, sometimes known as “deal mediation”. For example we have been involved in
 
  • the renegotiation of a commercial deal where, because of a change in property values, the contracting parties found themselves in a changed situation from that envisaged when the original deal was struck. They could have fought it out but, in reality, the best way forward was to look at things afresh. Mediation enabled that to be done.
  • working with the chief executives of two large organisations who had a difficult and important joint project to manage. Differences in culture, personalities and expectations had to be addressed. Mediation provided the means by which crucial discussions could be held.”
 
Core’s recent mediations continue to involve plc’s, SME’s, public sector bodies and lawyers from all over the UK and from Northern Ireland, the Republic of Ireland, Australia, Europe and the USA. Some of these have involved multi-national and cross border projects, contracts and disputes. Recent mediations have taken place in Belfast and London in addition to all parts of Scotland.
 
  • “I found the experience of the mediation process stimulating in advancing the positive aspects needed to reach a satisfactory outcome for all parties”
  • “Mediation was of immense value”
  • “With very complex issues and a lot at stake, it would have been all too easy for the mediation to degenerate into pointless arguments. With your help, all concerned remained on amicable terms and concentrated on the issues, helping us to reach the stage at a civilised hour where both parties were able to reach a satisfactory resolution.”

Click here to read an extended piece on the use of mediation in difficult economic times by Core associate and mediator Charlie Woods and John Sturrock.

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Core Mediators - recent additions

Core has recently strengthened its mediator group with the addition of Morag Wise QC and Calum MacNeill QC, together with Charlie Woods, formerly chief economist and director of strategy at Scottish Enterprise and already a Core Associate.
 
They join John Sturrock, who has recently been confirmed in Chambers Guide in the top 10 mediators in the UK, Pamela Lyall, Core’s director of mediation services and also recognised in Chambers, Judith Scott CA, Hugh Donald OBE, Alastair Kelly and former European Court judge Sir David Edward QC.
 
Read Chambers Guide here.
 
Between them, John Sturrock and Pamela Lyall have conducted over 200 mediations in recent years and Core’s total in that time is well past 250. Pamela Lyall commented: “It is important to respond to the growing demands for our services. The addition of such outstanding QC’s as Morag Wise and Calum MacNeill adds real weight to Core’s claim to be pre-eminent among providers of mediation services. Charlie Woods has already broadened Core’s range with his extensive experience of, and contacts in, the financial, public sector and corporate world. We are delighted to be able to offer such a strong team.”

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Mediation and Planning in Scotland

We have now completed our work on the User's Guide to Mediation in Planning. Carried out in association with the Scottish Government, the Guide was launched at a special event in March at which the Cabinet Secretary for Finance and Sustainable Growth, John Swinney MSP, was the key speaker. Our work in the preparation of the Guide and the accompanying report to the Scottish Government has revealed the extensive possibilities for the use of mediation in planning from the pre-development stage right through to appeals.

Mr Swinney said: "Planning applications often spark passsionate debate, with people expressing strong-held views both for and against development proposals.

"In some cases, the involvement of a thrid party mediator can resolve differences, bring in impartiality and help parties identify common ground on a way forward. By avoiding, narrowing and ending disputes and achieving consensus, the time and cost taken to determine applications can potentially be reduced, contributing to the more effective and efficient planning system we all want to see.

This is a key aim of our work with local government, agencies and the development industry to ensure the planning system acts as an aid rather than a hindrance to economic development. That is particulalry important in the current climate, which is why it is at the heart of our Economic Recovery Programme."

Already, interesting possibilities are emerging as real examples of mediation in planning in Scotland, on which to build experience and confidence in a process which can be a real asset to a more creative and cost effective approach to the use and development of land in Scotland.

John Sturrock was the keynote speaker at both the launch in London in early October of the RICS Mediation Panel and at a conference arranged by Planning Aid in Edinburgh. This comes on the back of Scotland’s leadership in this field following Core’s preparation of the Guide to the Use of Mediation in the planning system.
 

 

  

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Mediation and Conflict Management in the Workplace

Core has recently refined its services in light of the significant changes occurring as a result of the economic downturn and new legislation.  In recent years, Core has been involved as mediator or facilitator in a significant number of workplace disputes and other differences involving senior employees, executives and teams within organisations. 
 
There are inevitably increasing tensions as people face up to the impact of a recession, and scope for high quality independent mediation and facilitation, together with excellent training, has never been greater. 
 
For organisations which seek to embed conflict management, prevention and resolution in what they do, Core offers a suite of services:

Click here to find out more

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The Young Mediators' Group

Core is delighted to support this Group which held its very well attended inaugural meeting on 13 November.  John Sturrock was the guest speaker.  Over 50 members have now joined and the group intends to meet quarterly, with the next meeting to be scheduled for the Spring.  Membership is free.  For further details or to join, please contact Heather Walker - heathercwalker@turcanconnell.com or visit www.youngmediators.com

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Mediation and Agriculture

Core and the Agricultural Law Association co-hosted an event at Stirling Management Centre in February on the topic of ‘Mediation in Agricultural Disputes’.  Sir Crispin Agnew of Lochnaw Bt QC and Jamie Whittle of R & R Urquhart and a Core Associate set out the range of areas in which mediation can be used to enhance the management and resolution of disputes in an agricultural context.  The large attendance of land agents, surveyors, lawyers and others with an interest in agriculture witnessed a demonstration of mediation in practice, conducted by John Sturrock, involving a landlord and a tenant farmer with their respective advisors.  Suffice to say that many in the audience thought that the example was very real to life!  There was an enthusiastic response and many left thinking that there is much scope for the use of mediation in this field.

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Latest News

Civil Courts Review Consultation Paper

The review group chaired by the Lord Justice Clerk, Lord Gill, provides an excellent opportunity to consider the shape of the court system in the future and to reflect on the role which negotiation, mediation and other ways of addressing unresolved problems can play alongside the courts.

For some thoughts on the principles which might underlie a civil justice system, click here, and here to read the consultation paper. Click here to read Core’s response.

Recently, the attorney-general for Victoria, Australia, Rob Hulls, questioned whether the adversarial system had passed its “use-by date”. He said that alternative dispute resolution and mediation would be “at the heart of our forward agenda”. He confirmed that he was committed to exploring judge-led mediation. “Quite simply, the public are demanding more accessible and affordable justice and we have to find new and innovative ways of doing things.”

Appointment of Jamie Whittle as Associate to Core 

We are delighted to announce the appointment of Jamie Whittle as an associate to Core. A trained mediator, solicitor and partner with R&R Urquhart, Inverness, Jamie specialises in environmental and planning issues: read more

Recent Conferences

  • Civil Mediation Council National Conference on the Future of Civil Mediation, Birmingham, 8 May 2008 read more
  • European Mediation Conference, Belfast, April 2008: read more
  • Business in Parliament Conference: click here to read remarks (page 20 of the transcript of the Open Forum) on the greater use of mediation made from the back benches of the Scottish Parliament by John Sturrock during this recent conference attended by over 100 business people, ministers and MSPs at Holyrood.
  • Entrepreneurial Exchange: A recent supper event run by the Exchange in Glasgow offered a great opportunity to take the benefits of interest-based negotiation and mediation to this important sector of the Scottish economy.
  • Pamela Lyall addressed the Central Law Training day conference on Making Best Use of Mediation and John Sturrock jointly presented with Sir Crispin Agnew of Lochnaw QC at the Agricultural Law Association conference on medation in agricultural matters.
  • International Trade Mark Attorneys Advanced Mediation Course, Berlin: John Sturrock recently had the privilege of co-leading this course, along with Bill Marsh and two colleagues from the US, attended by over 40 international trademark attorneys and lawyers who site on the INTA Panel of Mediators.

New European Directive on Mediation

The European Parliament recently adopted a Directive on certain aspects of mediation in civil and commercial matters: read more

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Recent examples of Mediation

Recent examples include:

  • differences in a mutli-million family business
  • a long-running agricultural agency dispute
  • differences between sporting governing bodies
  • breakdown in relationships among senior executives and academics in educational institutions
  • claims and counter-claims arising out of a house-building project
  • succession in an international family business
  • claims of professional negligence and misconduct directed against solicitors
  • board level disputes about intellectual property and shareholdings in a business start up
  • management difficulties in a local authority
  • allegations of discrimination and bullying at work
  • contractual complications in an iconic construction project
  • public sector contract for services to which procurement regulations applied
  • valuation of commercial property purchased for investment
  • purchase and valuation of business assets
  • exit and succession arrangements in a family farming partnership

Click here to find out more

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Founding Letters and Mediation Clauses

We are often asked how lawyers can persuade other parties to consider mediation: we suggest that, as with other aspects of protecting a client's interests, proposals can be recorded in writing: read more

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Without commitment discussions and meetings

Remember that Core will offer to meet or talk with parties or their advisers at any stage, without commitment or cost, to discuss:

  • whether a particular matter is suitable for mediation
  • how mediation would work
  • how to make the best use of the mediation process
  • how to prepare effectively

Matters can often be dealt with at short notice: Nip it in the Bud!

Just contact us on 0131-221-2520 or Debbie Zima

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Multi-Party Mediations

Core's lead mediators have recently been involved in a number of multi-party mediations. Click here to read more.

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Mediation: Good for Business

Recently announced figures indicate that commercial medation has saved businesses £6.3 billion in the UK since 1990 in avoiding wasted management time, damaged relationships, lost productivity and legal fees.

Click here to find out more

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Mediation and Collaboration in the Commercial World

Meetings with Michael Leathes

Core’s recently appointed adviser in corporate matters, Michael Leathes, had a full series of meetings on a recent visit to Scotland. He held discussions with senior figures in the financial sector, a cross section of key legal, private and public sector players and a group of in-house and IP lawyers. Click here to read the coverage by Scott Reid in the Scotsman business pages.

Click here to find out more

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Mediation Provides Speedy Resolution - again

“It’s a pity we didn’t have this discussion five years ago”. “It has taken five years of time and money to get to the real issue here – and it took a couple of hours today”. “We’ll take back what we’ve learned and make changes to make sure this doesn’t happen again….”

Click here to find out more

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Mediation in High Value Family Matters

Core has launched its initiative to bring Core’s approach to mediation to some of the more difficult property and financial disputes which can arise in separation and divorce and other family matters.
 
Senior solicitors acting in this field welcomed the move: read more here

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Mediation in Intellectual Property and Licensing

John Sturrock addressed the annual conferences in Dublin and London of the Licensing Executives Society for Britain and Ireland on the topic of Handling Disputes in Technology Transfer using Mediation. Click here to read more.

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Mediation in Construction Disputes

At a recent seminar hosted by the Chartered Institute of Arbitrators, every one of the speaker panel, which included a client, an expert witness and a solicitor, expressed the view that mediation should be used much more in construction matters. They cited examples from their own experience to illustrate the benefits.

Click here to find out more

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Mediation in Property Matters

“There is a myth about mediation. Many believe that mediation is only appropriate for disputes which have reached the later stages of litigation and where the parties have staked out their position in court pleadings. In fact, there is a much more extensive role for the independent facilitator who acts as a mediator. He or she can add value wherever differences occur which are difficult to resolve. This is perhaps especially so in property matters.”

Click here to read Core’s article in Green’s Property Bulletin, with examples of mediations in several settings including property development, housing projects, Lands Tribunal and planning applications and professional negligence cases – and a discussion of “deal mediation”.

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Mediation for SMEs

The value of mediation to SMEs is sometimes forgotten. By providing a quick and cost-effective way to resolve difficult disputes, these businesses, which can ill afford long-running conflicts, can get on with what they do best - delivering services or producing goods.

Core has recently received two testimonials from Managing Directors of SMEs who were directly involved in mediation. Click here to read the testimonials.

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Mediating in the Health Sector

To find out more click here.

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Core in the News

Read John Sturrock's article "Mediation can be the path to satisfaction in negligence claims" published in the Scotland on 11 August 2009.

Click here to read John Sturrock's article: How president gets to yes published in The Scotsman on 27 July 2009

Click here to read Christopher Mackie's recent article in The Scotman entlted: 'Negotiation guru brings some fresh ideas to the table'.

Click here to read Hugh Donald's article entitled "A new generation of leaders must look beyond the economic crisis".

Recent coverage has included the Scotsman and Business 7 and articles on mediation on the construction industry and in the financial sector in "Construction Scotland" (click here) and "Scottish Banker" (click here) magazines.

Ken Cloke: Click here to read Christopher Mackie's article in The Scotsman entitled "A form of speech therapy".

Click here to read Charlie Woods' article on the value of mediation in business and the economy in Behind the Lines published in the Scotsman pages on 23 June 2008.

Read John Sturrock's article: "Mediation grows as firms see the benefit of finding common ground" published in the Scotsman on 7 July 2008.

Click here to read John Sturrock's article "Why getting to yes is most vital journey we face" published in the Government and Public Affairs pages of The Scotsman and here to read John's Opinion piece on the Grangemouth dispute.

Click here to find out more

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International News

Mediators Beyond Borders Congress Report

In February 2008, John Sturrock had the privilege of attending the first congress of the MBB (www.mediatorsbeyondborders.org) in Colorado. Over 100 participants were treated to an inspiring list of speakers and thought-provoking insights on the theme of how mediators can help to address some of the big issues of the day. For more information click here.

"Mediators are not impartial". These were the deliberately provocative opening words of Robert Creo, one of the most experienced commercial mediators in the US, at the Annual Conference of the Association of Conflict Resolution (www.acrnet.org) in Philadelphia in October last year, which Pamela Lyall attended on behalf of Core. Click here for more.

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Mediation Standards

Core's Special Adviser on the development of mediation in corporate matters, Michael Leathes, is leading the International Mediation Institute, an international initiative to help introduce global standards to mediation as a profession.

Click here to find out more

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Project Development

Click here to find out more.

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Young Mediators Forum

Click here to find out more.

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Core Foundation

Click here to find out more.

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More on Mediation

Click here to read more on the following:

Draft Mediation Clause
Core Personal Injury Scheme
The Role of Lawyers in Mediation
Using Co-Mediators
Mediation in Family Matters
Legal Aid in Mediation

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Mediation Clause

Businesses, organisations and others are now regularly inserting dispute resolution clauses into a wide variety of contracts in order to ensure that disputes and other differences are resolved as efficiently and effectively as possible. Core Mediation suggests the following clause as suitable for a wide variety of disputes. It is important that parties seek legal advice before using such a clause.

Click here to read more.

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Recent Research

To read about recent research on mediation by Dr Bryan Clark and Amanda Bucklow, click here

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Resources

The University of Colorado Conflict Information Consortium, directed by Guy and Heidi Burgess, was founded in 1988 as a multi-disciplinary centre for research and teaching about conflict and its transformation. For some of the best resources on conflict resolution you will find anywhere, click on http://conflict.colorado.edu/fast-facts.html 

Click here to find out more

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