A Dispute Resolution Clause

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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 …

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IP Mediation

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The Intellectual Property Office has called for observations on the relatively low use of its mediation service for IP cases. It is keen to understand the reasons for this and what more can be done …

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Medical Claims – need for a better way?

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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 …

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Game Theory

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I have recently been studying Game Theory but only superficially (see Game Theory and the Humanities (Brams) and Super Cooperators (Nowak, a brilliant book). My son, David is studying the real thing at the moment at …

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A Civil Justice Council for Scotland?

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Core recently responded to the consultation on a proposed Scottish Civil Justice Council. We expressed the view that this proposal seems to be an essential component in delivering an effective system of dispute resolution in Scotland …

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Dispute Resolution in Scotland

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While arbitration featured on the last government's agenda, around the world the really significant development is in the field of mediation as a non-adjudicative form of dispute resolution. The Ministry of Justice recently issued a …

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