better conversations
better outcomes
Lawyers are as susceptible to errors in decision-making, and in giving advice to clients, as lay people, and this has a significant impact on the timing and quality of settlement of disputes. So we are …
I recently conduced a mediation in the Middle East. It was a large commercial dispute. My learning from a rather new experience is this: •One needs to understand the local nuances •Being able to show awareness of …
Jonathan Trott's decision to leave the England Ashes touring party due to a stress-related illness was widely covered and with a degree of sympathy which marks a changing public awareness of the impact of mental …
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 …
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 …
The recent death of Professor Roger Fisher of Harvard University, founder of the internationally-renowned Harvard Negotiation Project, has passed relatively unnoticed in this country. But for many of us who work in the field of …
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 …
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 …
Over the 10 years we have been offering mediation training, we have seen solicitors from nearly all of the larger firms in Scotland participate -- often because being able to offer clients an understanding of how …
Is it the job of the mediator to ensure that the parties do a deal? Is that implicit (if not explicit) in our contract with them? At a recent meeting of senior mediators, some took …
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