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Core Mediation News
Spring
2003
Negotiation Nuggets In this and subsequent newsletters, we hope to bring you some ideas which will help you to negotiate more effectively, whether in direct negotiations or as negotiators working with a mediator in a mediation.
Mediations Increase The number of mediation enquiries continues to increase in number. The range of disputes which are now being considered for mediation is diverse and extensive. Recent examples include:
The number of actual mediations taking place is also on the increase. A number of enquiries have proceeded to mediation in recent months, nearly all of them producing a satisfactory outcome within a day or two. Core Mediation saw a 43% increase in mediations between 2001 and 2002. In the first three months of 2003, figures suggest a substantially greater increase this year. Why use Core Mediation? Because our mediation services rank amongst the best available: we have a well-resourced, systematic and supportive pre-mediation service, together with a panel of highly-trained mediators, all equipped to take you from the first stage of the mediation process through to its conclusion. Mediation in the USA John Sturrock attended the recent conference of the American Bar Association Section on Dispute Resolution in San Antonio, Texas. John presented two sessions: one on setting standards of competence for mediators and the other an innovative and timely session on mediating the Iraq crisis. Working with Heather Allen, an experienced mediator from England, they were joined in the first session by members of the Texas Bar who have pioneered mediation in that State over the past 15 years. It was fascinating to learn how legislators, judges and policy makers combined to provide the necessary impetus to bring mediation to the mainstream in Texas. In the second session, John and Heather acted as mediators in a simulated mediation involving a number of the signficant players in the events in the Middle East. The first stage was to identify who should take part in the discussions and the second was to begin to design a process for taking discussions forward amongst the various parties. John's article on this fascinating event can be found on the Core website Click here to link to article. In the United States generally, conflict management and conflict resolution using mediation and other co-operative techniques is well established. Many industries and corporations have devised dispute management and resolution strategies which involve independent mediators or facilitators from a very early stage in contractual and other arrangements. The potential for preventing and minimising the impact of conflict is thus greatly enhanced. Recent English Decisions The English courts continue to encourage mediation in appropriate cases. A recent example is the case of Leicester Circuits v Coates Brothers where the Court of Appeal penalised a successful party which withdrew from mediation (on the instructions of insurers), having agreed to it. Judge LJ said "The whole point of having mediation, and once you have agreed to it, proceeding with it, is that the most difficult of problems can sometimes, indeed often are, resolved." "It seems to us that the unexplained withdrawal from an agreed mediation process was of significance to the continuation of this litigation. We do not for one moment assume that the mediation process would have succeeded, but certainly there is a prospect that it would have done if it had been allowed to proceed. That therefore bears on the issue of costs." Health Claims The Scottish Executive Group on Compensation for Health Claims reported recently. In a relatively short reference to mediation, the Group supported the recommendation of the Royal Society of Edinburgh report which last year recommended that a pilot exercise be conducted using mediation in medical negligence actions. News of Events
Up-coming Events
Forthcoming Training Courses
Staffing Core has been enormously fortunate in recent months to have the services of Alanna Barron as a consultant. Alanna has worked with us on various projects including re-design of the website, marketing and selling strategies, research into new developments in mediation and event management. Although Alanna's time with us is relatively short before she progresses with her legal career, she has proved to be a great asset. We expect to announce the employment of a further consultant shortly and we are delighted that Lindsay Adams of Adams Associates is now assisting us with events co-ordination also.
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