mediation news

September 2004

“The mediation process requires the parties to work with each other to search for a solution to their common problems. This fosters cooperation between parties (and) offers a far greater chance of preserving a … relationship than does litigation.”

- Jeffery M. Senger, “Federal Dispute Resolution: Using ADR with the United States Government”

Mediation Skills Training and Mediator Assessment Course – Final Opportunity to Register

There are still a few places still available on Core’s next mediator training course which will be led by our highly qualified experienced team of coaches, drawn from throughout the UK.

The venue is central Edinburgh and the dates for the course are:

Module 1 Thursday 30 September and Friday 1 October

Module 2 Wednesday 27, Thursday 28 and Friday 29 October

Optional Practice Day Wednesday 1 December

Optional Assessment Module Thursday 2 and Friday 3 December

· “I found this to be the most stimulating, challenging and enjoyable course for many years….”

· “I would have no hesitation in recommending the course to others, not only as a course on mediation but also one that can teach skills that are useful in business life more generally.”

The course is presented in three modules: the first two modules are offered under the banner “Understanding, Managing and Resolving Conflict and other Differences using Mediation”. This covers issues which are an essential foundation for excellence in mediation, negotiation and other facilitation of differences.

In recent courses, participants have come from a variety of backgrounds, including: construction, surveying, engineering, architecture, local government, PLC’s, accountancy, engineering, the health services, higher education, the law, financial services, human resources, housing and the civil service.

A third, assessment, module is optional for all those who wish to undergo Core’s assessment programme for mediators. This involves two formal assessment days, successful completion of which will entitle the participant to receive Core’s Certificate of Competence in basic mediation skills.

For full details, click here to read the Course Prospectus or download a registration form. If you wish to discuss the course further, please contact John Sturrock or Pamela Lyall

Core Conference

On Monday 15 November 2004, Core Mediation will be hosting an important conference, at the Royal Society of Edinburgh, entitled “Finding Collaborative Solutions: Expanding Mediation in Business, Organisations and the Professions”. We have some first class speakers to stimulate discussion. These include:

· Michael Leathes, an inspirational speaker on mediation and head of intellectual property at British American Tobacco.

· Miryana Nesic, of Hammonds, an international expert and co-author of the leading British text book on mediation.

· Judge Alistair Macduff, a highly regarded County Court judge from Birmingham who has been instrumental in the development of court mediation schemes in England.

· a number of other excellent and influential participants from Scotland and further afield.

We intend that a principal focus of the day will be to encourage groups of key individuals, who are leaders and influencers in their fields, to meet and discuss ways in which the use of mediation can be expanded in Scotland in their sectors. It is likely that the sectors will include health, construction, employment and workplace, professional and financial services, in-house and commercial, insurance, and government and local government. We hope that the result will be specific action in each area following the conference. We are delighted that the Holyrood Magazine has agreed to be one of the principal sponsors.

The Conference is directed to those who have expressed interest in and support for the growth of mediation. More details will be circulated soon, but if you would like to register your interest now, please contact Lynne Davies.

Law and Litigation for Non Lawyer Mediators

We are offering a new course for the significant number of mediators from outside the legal sector. The course is designed to:

Provide non-lawyer mediators with a working knowledge of basic legal and procedural matters;
Provide a framework for consideration of the costs and funding of litigation;
Encourage non-lawyer mediators to work effectively with lawyers in mediation; and
Give guidance in drawing up mediation resolution agreements.

The course will cover how the Scottish court system operates, basic principles of contract law, costs and funding of litigation, issues which can arise at mediation such as confidentiality and legal jargon and crafting and drafting a Resolution Agreement.

The course will be led by Pamela Lyall, Director of Core Mediation, with the assistance of legal colleagues who have an understanding of the mediation process. The course will take place, in Edinburgh on Tuesday 2 November. Further details are available from Lynne Davies.

Workplace Mediation Course: 8 and 9 November

“Mediation is uniquely appropriate for workplace cases because they involve personal relationships. Unlike simple commercial disputes where the parties may meet only once and never see each other again, workplace conflict by its nature involves people who work together, sometime every day. Because of this, traditional litigation can be especially damaging to the parties in these cases. The adversarial process requires people who need to work together to fight each other instead. Processing a dispute, which can take months or even years, can be extremely corrosive to the productivity of an office and the morale of its employees”

Jeffrey M. Senger, “Federal Dispute Resolution: Using ADR with the United States Government”

An increasing number of businesses and organisations wish to address differences within the workplace using co-operative approaches. Core has been engaged in a number of matters in which strategies have been devised to manage difficulties at senior management level or to assist where differences have occurred between individual employees. There is a growing movement towards integrated approaches to managing conflict generally in the workplace. Core works in-house with a number of organisations and is also offering a two day course for HR directors, managers and others who wish to learn more about understanding and managing conflict and the involvement of an outside facilitator. The course, entitled “Understanding, Managing and Resolving Conflict and other Differences”, will take place on 8 and 9 November. Further details are available from Lynne Davies.

John Sturrock recently commented on the use of mediation in employment disputes: “When it’s time to pay a visit to the negotiator”, Scotland on Sunday, 18 July 2004. Click here to read the article.

Other Forthcoming Courses

· Negotiating for Results: Top Techniques and Tips: Friday 5 November, Edinburgh

· How to Maximise the Use of Mediation for Clients: Friday 26 November, Edinburgh

To find out more about these and other events, including our in-house training courses, please contact Lynne Davies.

“Mediation Takes Hold in Scotland”

“Scotland is famous for its innovation and willingness to try to address the challenges of modern life through creative thinking. Despite this, in the past few years in Scotland, there has been a cautious approach to mediation and other forms of consensual dispute resolution. However, mediation in Scotland, once closely associated with only family disputes, is now increasingly being chosen by those in civil and commercial disputes as their preferred option for dispute resolution. Prompted by recent announcements and recommendations by the Scottish Executive and the Scottish Parliament, along with research showing the many detrimental side-effects which prolonged conflict has on businesses of all sizes and an awareness of the positive experiences in other jurisdictions, there can be little doubt that Scotland's business and public sectors are beginning to embrace more consensual methods for managing their differences. A growth of 100% in mediation in the commercial, public and professional sectors has been reported in the past year…”

This is an excerpt from an article by John Sturrock in which he comments on the developments in mediation in Scotland, published on the USA’s widest-read mediation website, mediate.com. To read the full text Click here

Edinburgh Sheriff Court Mediation Service Success

The recent release by the Edinburgh Sheriff Court Mediation Service’s annual report highlighted the successful application of mediation in the Court Service. During the period May 2003 to March 2004, of the 78 cases that went through the mediation process, 66 were resolved, averaging an 80% success rate over the eleven months. This admirable statistic is testament to the hard work of those involved and the undoubted suitability of mediation to many court cases. The report also estimates that the service would save the court approximately 84 proof hearings annually. Core and our mediators have been delighted to support this initiative over the years. We wish the new Coordinator, Marjory Mantle, great success in her new role.

Core Mediawatch

The mediation involving the Free Church of Scotland and the Free Church of Scotland Continuing, facilitated by Core Mediation, was the subject of press coverage, including reports in The Herald, The Press and Journal and the BBC.

The latest issue of Legal & Medical magazine included an article by John Sturrock entitled “Mediation: the North-South Divide”. This compared the more general acceptance of mediation in medical cases in England with the changing attitude toward mediation in Scotland. To read the full article please click here

Legal Forum

The Cuthbert Scottish Legal Awards are hosting an open debate for the legal profession hosted in association with The Scotsman newspaper. Executive Editor of the Scotsman, Bill Jamieson, will take questions from an audience of Scotland's legal professionals posed to a panel from law and politics. The topics will cover the latest developments affecting the law in Scotland. John Sturrock will be one of the panelists. The others are: Annabel Goldie LLB MSP, Gordon Jackson QC LLB, MSP, Margo MacDonald MSP, Roy Martin QC, and David Ross LLB.

To raise a question in this debate or simply to reserve your seats please email clare@empiremarketing.co.uk by Friday 10th September 2004.

A further thought:

“I learned the true practice of law. I learned to find out the better side of human nature and enter men’s hearts. I realised that the true function of a lawyer was to unite parties riven asunder.”

- Mahatma Ghandi

Click below to read previous editions of Core Mediation News