When a party says to you in a mediation “I feel really aggrieved by how I’ve been treated”,
John Sturrock argues for a civil and civilised debate on the future of Scotland.
One of the joys of judging at the annual ICC Mediation competition in Paris, which took place in early February, is to observe law students, in their roles as client and counsel, engage with their counter party across the table in a way that is sometimes very different to the openings we, as med...
Parties often don’t appreciate that the role of their solicitor or barrister in mediation is very different from their role in preparing for trial. Consequently, they can be very apprehensive about speaking during the opening meeting in case they say something wrong.
In mediation, it's hard enough to agree the apportionment of settlement shares between two defendant parties. When the numbers of defendants increase, so does the problem - exponentially.
Mediation can rebuild relationships in the workplace
Many business conflicts arise out of too little attention to contractual arrangements.
In the course recently of revising my mediator profile, I have needed to reflect on an important question.
Jeff Kichaven, Californian mediator, suggests what mediation advocates should fairly expect of a mediator in civil dispute resolution.
Negotiation is all about selling outcomes. Shorn of its trimmings, it is a process whereby one party tries to get the other to accept the terms they last tabled. There is a real art to this.
In an article related to her world which crosses over between workplace mediation and executive and team coaching.
By mid-afternoon, one of the parties was still stone-walling both me and the counter-parties. They definitely let everyone know they didn’t want to be there, body language demonstrated a coolness, they patronised others. I took a break, bought a bar of delicious chocolate, slapped it down on t...