![]()
news
Summer 2008
Founding Letters and Mediation
Clauses
Sustainable Dispute Resolution
Mediation and Conflict Management
Training: Flagship Course
September/October 2008
The Next Stage: Mediation and
Negotiation Training
Advance Notice of an important diary
date: The Core Conversation
With
the current difficult economic circumstances, it is likely that you – or your
clients – will be looking to achieve certainty with regard to outstanding
disputes and quick resolution of outstanding claims, 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 to address disputes and claims in a smart, quick and cost-effective manner.
Continuing
our theme of Scotland as an international dispute resolution centre, Core’s
recent mediations have involved parties and lawyers from all over Scotland (Ayr, Aberdeen, Dundee,
Dunfermline, Falkirk, Glasgow, Edinburgh, the Borders and points north and
west), in and from England (including London) and from Ireland (including
Dublin), Denmark, Oregon, New York and Australia. Some of these have
involved multi-national and cross border projects, contracts and disputes.
With nearly every mediation producing a satisfactory
agreement in a day, usually thanks to excellent preparation and to thoughtful
guidance and representation of parties, the mediation process offers a sound commercial option in uncertain
financial times.
Contact
Debbie
Zima (0131 221 2520) for a without commitment, up front
conversation about how mediation can help. Or ask for our Mediation Guide or
Introduction for Parties.
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 with the suggestion that these may be
founded on in a question about expenses or costs. English readers operate
within the context of the Civil Procedure Rules, of course, and the case law
which expands on those rules. In
We
were delighted to hear from a senior solicitor whose work involves advising
many leading and innovative SME’s and other clients that his firm is now
proposing mediation clauses in all
contracts. This leadership can only benefit clients in the future.
Sustainability
is a theme for the times. Core seeks to help to ensure that the resources devoted to dispute resolution are
proportionate to need and ability to pay –addressing issues of
transparency, dealing systemically with risk and uncertainty, finding ways to achieve
resolution and restoration where appropriate, integrating differing goals and
policies, encouraging participation by key players and a commitment to best
practice and the principle of continuous improvement, combined with the need
for good governance.
Our
PR consultants, Great Circle Communications, recently conducted research for us
with a number of clients and customers. The feedback was very encouraging,
recognising Core’s pre-eminent role
in delivering high quality mediation, training and other services. We also
learned of areas in which we can improve. We are already addressing these and,
over the summer, will be working on a series of new initiatives.
These
will include a more sensitive approach to fees so that access to excellent
mediation is available to SME’s and
smaller organisations – as well as ensuring that our service in the high value
and complex matters which we are accustomed to handling continues to be of the
highest quality.
While
our open mediation courses (see below)
continue to receive remarkable reviews from those who participate, our bespoke
in-house courses and seminars are also very well received.
Our
work in the past year or so includes training and consultancy with the Scottish Parliament, the London
Assembly, UK Sport, the English Institute of Sport, the Scottish Children’s
Reporter Association, Acergy Academy, the Church of Scotland, CAB, Case
Management Limited, various local authorities and universities, major banks and
investment houses, property assessors and barristers’ chambers.
Examples
of our training courses include:
These
are available in half-day, one or two-day or other formats. We also conduct
in-house presentations for clients of professional firms.
Contact
Mediation and Conflict
Management Training: Flagship Course
September/
October 2008
Three places remaining. Register
by Friday 27 June.
Contact
Dates for 2009 available soon.
Click here to read about the
Our
good friends at MATA have another of
their annual, highly recommended advanced courses in
We
are hugely privileged that one of the world’s leading figures in the field of
conflict resolution has accepted Core’s invitation to visit
Ken
will be with us on December 11 and 12 conducting training and meeting key
people. On the evening of Thursday
December 11, Ken will engage in conversation with
Core is delighted to have been awarded a contract
by the Scottish Government to promote the use
of mediation in planning matters. This will involve undertaking research,
conducting seminars and designing a Users Guide for mediation in
planning. It is aimed to complete the project by the end of 2008. Core is
inviting comments from interested parties by July 7 on the present use of mediation in planning. Contact
Click
here to read
We
were recently introduced to excellent software for presentation of complex
information in litigation or negotiation. The practical benefits are clear in
this visual age where multi-dimensional material can be presented easily on a
screen or board, using timelines, overlaying of plans, descriptions of
construction and design techniques and other visual aids. See www.zaxis.global.com
“The words are important
but don’t forget the spaces in between”
a Benedictine monk who participated in the
We wish all
of our readers and valued clients a happy and restoring summer!
Please feel free to
forward this newsletter to colleagues who may be interested in it.
To access Core’s news page, click
here.
For more information about Core's activities and
to view older editions of Core News, please visit our website at:
If you wish to have your name removed from our
subscription list for Core News, please let us know by emailing a message to Core.