Core Mediation

• The Core Service
• What is mediation?
• Why use mediation?
• How does mediation work?
• When is mediation being used?
• Why use Core?
• Without Commitment Initial Discussion
• Core Mediation People
• Core Mediation Panel
• Concerns
• Mediation "Success"

Core Mediation provides a comprehensive service for those involved in the commercial, business, public and professional sectors, who wish to use highly trained, professional mediators or facilitators to assist them to manage and resolve their disputes or differences quickly and effectively.

•Mediation in workplace, organisational, board-room or management differences

•Mediation in disputes or differences in, or involving, professional practices and services

• Mediation in major contracts and multi-agency projects where early and continuing facilitation is beneficial

• Mediation in commercial, professional and public sector disputes which have reached, or are heading towards, litigation

Over five years, we have seen real growth in the use of mediation in an increasingly diverse range of situations, and businesses, organisations and legal firms from across the UK, Europe and Africa have used the Core service.

Often, lengthy court proceedings are brought to an end or avoided. Other matters are mediated well before the courts are engaged. Many mediations occur in situations which would not be addressed in court at all. Some involve working with parties at early stages of contracts and projects. In most situations, a satisfactory outcome is reached. Nearly always, substantial progress is achieved, quickly and effectively.

What is mediation?

Mediation is a flexible and confidential process in which an independent individual, the mediator, helps people to work together to find practical solutions to their disputes or differences. The parties themselves decide the outcome, the terms of any agreement between them and how to take matters forward.

Mediation can be used at any time when both parties genuinely want to see an end to the dispute or differences between them, to move on from ineffective negotiations – or to find a creative way forward.

For a summary of the services provided by Core Mediation, please click here.

Click here for an overview of the Core mediation process - and do let us know how this could be improved.

Click here to read practical steps for making mediation work.

Why use mediation?

Mediation gives parties much more control over the way their dispute or difference is dealt with and over the outcome. If negotiations have so far failed, mediation provides an alternative to pursuing litigation or other more formal processes. The scope for solutions is usually greater than the remedies available in courts and tribunals, or even in prolonged negotiation.

What our clients say about mediation:

"I wish we had known about Core Mediation two years ago, but better late than never. We were very impressed with their service, and by the constructive and imaginative way in which we were able to resolve the matters we were working on. Not only was it great value, in terms of both time and money, but we are now free to refocus on the needs of the business going forward."

"Time-saving, cost-saving and the opportunity for the client to personally express grievances/concerns in a non-court setting."

"Infinitely preferable to the legal process which we had already been through as part of our dispute. To us the real benefit of mediation was the fact that we were totally involved in the process - the exact opposite of what we had experienced in our legal case."

"Confidentiality as opposed to the public domain."

"The parties reached a conclusion which they arrived at rather than having it imposed on them"

"The aim from the outset had been to achieve a commercial settlement. In the absence of mediation, the best means of achieving that would have been "at the door of the court" - by which time the escalation of time and cost (both management and legal) would have rendered the possibility of any truly commercial settlement negligible."

Savings in time and costs were "effectively the costs of a 12 day proof in the Commercial Cause Court with a number of witnesses coming from overseas and diversion of time by at least 3 directors - pick a figure between £100k and £300k!"

For a list of the benefits of mediation,click here

How does mediation work?

The process is flexible. The proposal to mediate is discussed with all parties and their agreement obtained.

The parties select the mediator. In many cases, a preliminary meeting or meetings are held to identify the issues, discuss the proposed timetable for preparation, build confidence in the process, decide who should be involved and make other arrangements. This is usually followed by a mediation day.

At the mediation day itself, the mediator will give parties an opportunity to present matters as they see them and will often have a number of meetings with each party in private.

The mediator's role is to help the parties find their own solution in these discussions.

• Mediation is not binding on any party unless and until an agreement is reached to which all parties wish to be bound.
• All discussions during mediation are held on a confidential basis and leave open other avenues such as court, if no agreement is reached.
• If, and when, an agreement is reached, the parties may sign a resolution agreement.
• If the matter does not resolve, the mediator may continue to be involved in further discussions if the parties wish.
• Occasionally parties elect to use more than one day if the matter requires more time

To read what happens if you wish to use mediation in your case, click here

To see a list of frequently asked questions click here.

When is mediation being used?

Core Mediation and its panel of mediators have been involved in mediations in disputes or differences raising many issues, including the following:

• Company, boardroom and directors
• Commercial contracts
• Building contracts, construction and architectural services
• Property and estates
• Web site design and supply
• Intellectual property and IT
• Financing of construction projects
• Employment in the public and private sectors
• Management responsibilities and relationships
• Medical, solicitor's and other professional negligence
• Education services
• Financial services
• Planning and development
• Insurance
• Oil and gas

To read some examples of mediation, click here and here.

Why use Core?

• Independence: Core provides the leading independent commercial mediation service in Scotland, standing comparison with the best in Europe.

• Quality: Our mediators are experienced and well trained professionals, enhanced by our outstanding international panel.

• Innovation: Core's focus is on working with clients, lawyers and advisers to design the most effective process to optimise the prospects of a speedy and successful outcome.

• Experience: Our team offers friendly, ongoing administrative and logistical support throughout the process from the first contact onwards.

• Confidence: Core's expertise, credibility, competence and leadership in the field are well recognised and underpin all that we do.

• Excellence: A comprehensive service which makes a difference.

Core's mediators have specialist knowledge of, and experience in, a range of key sectors. They bring an experience and understanding of the process - and what it takes to help people to find creative solutions - gained over several years, which we believe is unparalleled in Scotland.

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Without Commitment Initial Discussion

Core Mediation's directors are delighted to discuss the possible use of mediation or other facilitation at any time, confidentially and on a without commitment basis.

We offer a without commitment initial discussion or meeting to help the parties to decide whether or not and, if so, how mediation can bring benefits to a dispute or difference. This offers a risk-free opportunity for those with questions to explore the options at no cost. Most who do so find that the added value of the process makes it a constructive and effective way to deal with differences and disputes.

Core Mediation People

John Sturrock QC
As the founder and CEO of the Core Solutions Group, John has pioneered mediation and high quality training in business, the professions and commerce in Scotland and elsewhere. Described in Legal 500 as "universally regarded as Scotland's finest mediator" and in Band 1 in Best of the UK in Chambers Guide, John has been involved in a broad range of disputes in the public amd private sectors in the UK and abroad. He is an internationally recognised coach and facilitator in the fields of negotiation, mediation and communication, and has worked with senior executives, judges, top athletes and parliamentarians. He is described as "one of the best teachers of mediation". He became a Queen's Counsel in 1999, is a Visiting Professor at Strathclydde University and, as the first Director of Training and Education in the Faculty of Advocates from 1994 to 2002, designed and led the Scottish Bar's award-winning advocacy skills programme. He is a faculty member with CEDR and trained in negotiation at Harvard University. He was named Specialist of the Year at the Scottish Legal Awards in 2003.
Contact John Sturrock

Pamela Lyall
Pamela is a qualified solicitor-advocate and former litigation partner and head of insurance litigation at the law firm Dundas & Wilson. She is a CEDR-accredited mediator and a consultant to the voluntary sector. She heads up the Case Management team at Core Mediation, giving advice on mediation and its benefits. She has wide experience as a commercial mediator across a broad range of sectors. Pamela is also a well regarded coach in mediation and specialist training courses.
Contact Pamela Lyall

Core Mediation Panel

In addition to John Sturrock and Pamela Lyall, Core Mediation can offer the services of a group of mediators who are highly trained and experienced in business and professional life. We are always pleased to discuss with clients the appropriate choice of mediator. Please click here to view Core's panel of mediators.

Concerns?

In the event of concerns about Core Mediation's services please click here.

We in Core along with other advocates of mediation regularly commend the high success rate in mediation. Most providers around the world will report that approaching 80% of mediations produce a successful outcome. By that we mean that a final resolution has been achieved by the end of the process, usually over a day or perhaps two, and usually reflected in a written agreement.

In many ways, that is a remarkable achievement. Click here to read more on this subject.

Those who use our services say:

"...my clients were very happy with the outcome of the mediation and the level of service given and professionalism demonstrated by Core Mediation...I certainly hope that we will have an opportunity to use your services again." (Maclay, Murray & Spens, Solicitors)

"Thank you...for all your hard work yesterday...I found the mediation process incredibly helpful." (solicitor for a party at a recent mediation conducted by Core Mediation.)

"Individual reputations and dignities were preserved and maintained throughout and following the process...the successful outcome derived from mediation produced a 'win-win' result, leaving everyone with a real sense of achievement and success." (a party to a dispute with a local authority.)

"I cannot thank you enough for all your help and guidance throughout the mediation...For the first time in six years I can look forward instead of backwards. All the energy can now be channelled into positive things like building the new business...There is absolutely no doubt in my mind that we would not be where we are today if you hadn't helped us through the process. Mediation was the key to making both parties face reality and focus on an outcome that could let us all put the past behind us." (A party to a commercial dispute in Scotland)