Key Learning Points from Recent Mediations

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"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, …

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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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Mediation in Commercial Disputes

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Take an example of creative problem-solving: there are two parties with claims and counter claims in a court action. They have a common problem: a major facility needs fixed. Further up the chain, it does …

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Disclosing who is Present at Mediation

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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 …

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Construction Disputes – Mediations Increase

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I recently had the opportunity to address the annual conference of the Scottish Building Contracts Committee on the topic of mediation in the construction industry. In the past, these talks have been an effort to exhort people …

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