Some Questions at the Turn of the Year...
POSTED ON January 04, 2021 | Comments (0)
There are times when one is not sure what to say or do, especially if one aspires not simply to repeat or anticipate what others might say or do. What do you say when you don’t know what to say? What do you do when...
Recognising Trauma: Litigation and Politics are Harming Us
POSTED ON November 30, 2020 | Comments (0)
I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no...
Reflections on the US Election 2020
POSTED ON November 16, 2020 | Comments (0)
Perhaps it’s time for a re-frame. The world’s best attempt so far at democracy has been the subject of much criticism. We may have seen the best and worst of democracy in action. Certainly, we have seen a massive turnout of voters, largely in a...
Mediators' Green Pledge will form foundation of sector's response to climate change
POSTED ON November 03, 2020 | Comments (0)
In these pages two weeks ago, Alison Macnab and Gillian Mawdsley from the Law Society of Scotland wrote about the role of lawyers when it comes to climate change. They noted the crucial United Nations COP26 conference in Glasgow, now rescheduled for November 2021. The...
Reflecting on Purpose
POSTED ON September 28, 2020 | Comments (0)
The process of discerning what to write about in a blog is interesting. Sometimes inspiration comes quickly. On other occasions, there is a barren wilderness, or a hotchpotch of half-formed ideas. This month feels like the last of these. I thought to write about a...
Westminster needs to brush up on the art of negotiation
POSTED ON September 22, 2020 | Comments (0)
It is so frustrating. Whatever the political merits and demerits of saying you will not observe an agreement already reached with another party if it no longer suits you, such a tactic is arguably a really poor negotiation strategy. It is almost bound to produce...
They Said It Couldn't Be Done - Mediation Training Online
POSTED ON September 15, 2020 | Comments (0)
They said it couldn’t be done. I said it couldn’t be done. Six months ago, running our (normally residential) flagship Summer School (“Using Mediation Skills as Leaders and Professionals”) online while sitting in my study at home would have been unthinkable. I was not in...
How SPFL dispute could have avoided going to court
POSTED ON July 28, 2020 | Comments (0)
The arbitration panel has issued its decision. The legal arguments have been analysed and adjudicated upon. In many ways, the whole process has been a defining moment for the sport. There may be a danger that the bad feelings created will linger. But was there...
Legal action can be costly, but there are alternatives
POSTED ON July 20, 2020 | Comments (0)
“Isn’t it incredible where you end up in a situation where the small guy cannot take on the big guy because they cannot afford the legal action?” “That’s an incredible situation – no justice can be served unless you can afford it.” These are words...
Abraham Lincoln sought compromise. So should we.
POSTED ON May 26, 2020 | Comments (0)
“Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser, in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There...