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...
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...
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...
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....