news
November 2008
Report of the Scottish Government’s
Business and Law Forum
Core advice on mediation and
negotiation strategy
Core Mediators – recent additions
Core Mediation in High Value Family
Matters
Core’s Next
Flagship Mediation and Conflict Management Skills Course: Early
Bird!
International Mediation Institute
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 the summer.
Core’s Chief Executive,
“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
- “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
Report of the Scottish Government’s Business and Law Forum
The recent
publication of the Scottish Government’s report by its Business Experts and Law
Forum reinforced the central role that mediation can now play in dispute
resolution in
The report
recommended that “the Scottish Government
should reiterate publicly its support for mediation as a dispute resolution
option for businesses and develop a proactive communications strategy to
promote its wider use by the business community” and “that the Scottish courts
should be encouraged formally to
acknowledge the role that mediation can play in resolving disputes, to
incorporate consideration of it as an option into standard case management
processes and to routinely recommend it to litigants in cases that may appear
to the court to be suitable for it.”
Click here
to read more
Core advice on mediation and
negotiation strategy
Got a difficult negotiation to prepare for? Not sure how to handle
the other party or clients? Need guidance through the mediation process where
Core is not involved as mediator?
Contact Debbie
Zima to discuss (0131 221 2520)
“That was
an incredibly helpful meeting, you read and centred on the material I
really needed a 3rd party to assist with. You also had just the right
skills to address the project that is before me. You also
allowed the clients to help each other and help me.”
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
Read Chambers Guide here.
Between them,
Core Mediation in High Value Family Matters
In September Core held a special lunch to launch 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.
Core’s next Flagship Mediation and Conflict Management
Skills Course
25 – 27 February 2009 and 12 – 13 March 2009
Assessment Module: 2 – 3 April 2009
Our most recent course is reaching its conclusion this week. It has
been our most successful so far with 20 senior executives, HR Managers,
consultants and lawyers taking part. A number had already experienced mediation
as users and have wanted to learn more. Many are looking to enhance their
leadership and advisory skills.
- “Can I take this chance to pass on my
very warm thanks to your team of coaches and staff for the quality and
content of the course? It was stretching but most rewarding and at
all times highly interesting.”
- “Just a short note to thank you for an
interesting and challenging course over the last few weeks. The broad
range of people on the course helped in adding a unique mix of
influences, each with their own varied background and perspective, and
the energy and enthusiasm you displayed was infectious.”
The next course is already filling up. An Early Bird rate is available until
11 December.
Click here to read more and
here
to register. More information from Laura Rutherford
Our mediation and negotiation courses are also available and are in
demand in-house. Contact Laura
Rutherford to discuss (0131 221 2520). Click here
to read more.
Core Welcomes Ken Cloke
The excitement generated by the presence of our guest Ken Cloke in
Places on Ken’s Master Class
for Mediators on 11 and 12 December are now nearly all taken up. There are 5 places left.
On the evening of 11 December, in the Radisson Hotel in the Royal
Mile, we are holding the Core
Conversation and Supper. Ken Cloke will be in conversation with
Click here to
read more. Please contact Laura Rutherford
urgently if you wish to reserve any of the remaining places (0131 221 2520).
Core will also be hosting a special lunch with the Scottish Council for Development and
Industry at which Ken Cloke and Charlie Woods will discuss conflict
resolution, challenging times and the impact of mediation on economic
development.
“There is no-one more deeply versed in conflict
resolution, locally and globally, personally and professionally, privately and
politically, than Ken”.
Mediation in Planning
Over the past several months Core has been working with the
Scottish Government to develop a Users’
Guide to encourage the use of mediation in the planning system in
The prospect of using mediation to help speed up the planning
process and engage developers, planners and objectors in a different way of
tackling difficult issues is intriguing.
It is likely that the Guide will be available early in 2009. For
more information contact Core associates, Charlie
Woods or Jamie Whittle through the Core office at planning@core-solutions.com.
(0131 221 2520).
Core
on the Road
In recent weeks, Core has held courses and seminars on negotiation and mediation in
“The
feedback has been incredibly positive on what was a very engaging session.”
Core
in the Press
Recent coverage has included the Scotsman and Business 7 and
articles on mediation in the construction
industry and in the financial sector
in “Construction Scotland” (click here) and “Scottish
Banker” (click here)
magazines.
International Mediation Institute
The IMI Independent Standard Commission has finalised the details
of the Experience Qualification Path to IMI Certification which will begin on
January 1, 2009.
The Experience Qualification Path is a 6 month window during which
qualifying practicing commercial mediators can secure IMI Certification without
taking a competency test. Click here
to read the IMI’s latest news on this.
Core
Reading
Kenneth
Cloke: Conflict Revolution:
Mediating Evil, War, Injustice and Terrorism;
The Crossroads of Conflict (both Janis Publications)
David
Richbell: Mediation of Construction
Disputes (Blackwell Publishing)
Peter
Adler: Eye of the Storm Leadership (Mediate.Com Publications)
Machteld
Pel: Referral to Mediation (Sdu Uitgevers)
Doherty
and
Guyler: The
Essential Guide to Workplace Mediation and Conflict
Resolution
(Kogan Page)
The Young Mediators' Group
Core is delighted to support this Group which held its very well
attended inaugural meeting on 13 November.
The
Last Word
“There are too many calamitous neighbour disputes in the courts. Greater
use should be made of the services of local mediators, who have specialist
legal and surveying skills and are experienced in alternative dispute
resolution. An attempt at mediation should be made right at the beginning of
the dispute and certainly well before things turn nasty and become expensive.
By the time neighbours get to court it is often too late for court-based ADR
and mediation schemes to have much impact. Litigation hardens attitudes. Costs
become an additional aggravating issue. Almost by its own momentum the case
that cried out for compromise moves onwards and upwards to a conclusion that is
disastrous for one of the parties, possibly for both.”
Lord Justice Mummery in
[2008]
EWCA Civ 837
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