Key Learning Points from Recent Mediations
"What's been going on in recent mediations", asked a colleague. "Any highlights?" The trouble with doing anything on a regular basis is that you can omit to reflect on the learning from each occasion. So, for me, here are some takeaways from the past few...
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A Dispute Resolution Clause
POSTED ON July 10, 2014 | Comments (8)
Recently, we had cause to specify a form of mediation clause for a public sector contract. Here is a revised version of what we agreed. What do readers think? “Dispute Resolution 22.1.1 The parties must attempt in good faith to resolve any dispute, difference...
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Disclosing who is Present at Mediation
In a recent mediation, we had to discuss whether the presence of insurers should be disclosed to the other party. I offered these views: "As you know, my initial view was that your proposal would be inappropriate on the grounds that it would place me...
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Medical Claims - need for a better way?
POSTED ON June 11, 2012 | Comments (0)
An interesting new Study of Medical Negligence Claiming in Scotland was recently published (http://www.scotland.gov.uk/Resource/0039/00394437.pdf). Its main findings included: Patient grievances appear to involve an often complex and overlapping mix of concerns about communication breakdown, poor staff attitudes, inadequate general care and generally feeling disempowered....
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