Mediation Momentum in 2009
2009 saw the briskest start to any year for Core. The demand for excellent mediation services is growing and January’s increased number followed our busiest December at the end of last year and a sharp rise since the summer of 2008.
Core’s 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.
In recent months, mediations have taken place in Belfast, Dublin and London in addition to all parts of Scotland.
Core has been appointed as the Scottish provider of mediators in the DTI British Coal scheme operated by ADR Group, arising out of respiratory and white finger fibrosis claims.
Mediations have taken place involving many issues:
- the use of specialised software for generating pricing in a professional practice
- fixed price costing in PPP contracts
- the cost of labour in a major construction project
- professional fees incurred in providing a range of services
- advice given by a consultant in connection with planning proposals
- financial arrangements on divorce
- the break up of a professional partnership
- ongoing business relationships in a family agricultural business
- senior management in charities
- arrangements between owners and directors in a high technology SME
- an unforeseen building development alongside recently acquired property
- discrimination and other claims in the workplace with trades union involvement
Our group of mediators has been active. In addition to John Sturrock, ranked in the UK Top 10 by Chambers and Pamela Lyall, also ranked in Chambers, Morag Wise has conducted her first mediation in the family field, helping parties to reach a successful outcome in a matter involving financial arrangements between spouses.
Hugh Donald has continued his active role in management and leadership issues, this time working with a public authority where issues arose regarding children with special needs. Charlie Woods has worked with the key decision makers in a high tech business and with partners in the service industry where property, trading and financial issues had arisen. Calum MacNeill’s experience includes disputes in a commercial contract and professional services in a construction project.
Core’s Chief Executive, John Sturrock, comments:
“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.
- work with the chief executives of 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.
Client comments:
- “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.”