news

 

Summer 2008

 

The Current Economic Climate

Founding Letters and Mediation Clauses

Sustainable Dispute Resolution

Core Market Research

In House Training Services

Mediation and Conflict Management Training: Flagship Course

September/October 2008

The Next Stage: Mediation and Negotiation Training

Advanced Mediator Training

Advance Notice of an important diary date:  The Core Conversation

Planning and Mediation

Core in the Press

Recent Conferences

 

 

The Current Economic Climate

 

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.

 

 

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 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 Scotland, the exercise of judicial discretion to modify or otherwise give effect to an expenses finding which recognises parties’ attempts to resolve a matter by negotiation at an earlier stage may well offer opportunities to press for mediation, now that its validity and success rate is well established.

 

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.

 

 

Sustainable Dispute Resolution

 

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.

 

 

Core Market Research

 

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.

 

 

In House Training Services

 

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:

 

  • Mediation and Conflict Management
  • Mediation Advocacy and Representation
  • Dealing with Difficult Situations, Complaints, Clients and Customers
  • Negotiation skills
  • Managing Relationships, Resolving Differences and Reducing Conflict in Teams
  • Effective Questioning Techniques
  • Constructive Communication
  • Collaborating in Deal-Making
  • Conflict Competency in Organisations and the Boardroom
  • Leadership in Business, the Professions and Organisations
  • Advocacy Skills in Court and Tribunal

 

 

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 Laura Rutherford by email in the first instance or on 0131 221 2520.

 

 

Mediation and Conflict Management Training: Flagship Course

September/ October 2008

 

Three places remaining. Register by Friday 27 June.

 

Contact Laura Rutherford by email or on 0131 221 2520.

 

Dates for 2009 available soon.

 

 

The Next Stage: Mediation and Negotiation Training

 

  • Edinburgh (1, 2 and 3 September 2008 (third day optional))
  • Dublin (29 and 30 September 2008)
  • Geneva (26 and 27 January 2009)

 

Click here to read about the Edinburgh course and contact Laura Rutherford by email or on 0131 221 2520 for more information about this course and those in Dublin and Geneva.

 

 

Advanced Mediator Training

 

Our good friends at MATA have another of their annual, highly recommended advanced courses in Italy in September. Click here for more information.

 

 

Advance Notice of an important diary date:  The Core Conversation

 

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 Edinburgh in December this year. Kenneth Cloke is a distinguished author, academic, mediator and conflict resolution strategist from California and currently President of Mediators Beyond Borders (http://www.mediatorswithoutborders.org/).

 

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 John Sturrock in the Scottish Storytelling Centre’s excellent theatre, followed by the annual Core dinner. Places will inevitably be limited, so mark your diary now and note interest with Laura Rutherford.

 

 

Planning and Mediation

 

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 Charlie Woods or Jamie Whittle in the first instance, via our summer intern, Katy Low, in the Core office (0131 221 2520).

 

Core in the Press

 

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 business pages on 23 June.

 

Recent Conferences

 

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 mediation in agricultural matters.

 

A Resource

 

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 Last Word

 

“The words are important but don’t forget the spaces in between”

 

a Benedictine monk who participated in the Northern Ireland peace process, quoted at the European Mediation Conference in Belfast, April 2008

 

 

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:

 

www.core-solutions.com

 

 

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