“To begin with, everyone in conflict has a different perception of what happened, who caused It, and why. Each side tells stories that are accurate and honest – for themselves… Both sides tell stories that are inaccurate and dishonest, for each other…..Everyone in conflict wears a mask that can only be observed from the outside”

“Mediating Dangerously” by Kenneth Cloke

(Jossey Bass 2001)

Upcoming Workshops:

Two superb half day workshops, led by Miryana Nesic

Ø Managing Conflict in Organisations: The Role of the Ombuds

6 September 2007

Specially designed for in-house lawyers, managers, external lawyers and advisers and HR specialists. Particularly useful for those looking to manage difficult situations in a large organisation.

For more information click here. To download a registration form, click here, or here for online registration, or contact Laura Rutherford on 0131-221-2520 or laura.rutherford@core-solutions.com.

CPD: 4.5 hours

Ø Drafting Modern Dispute Resolution Clauses

7 September 2007

A repeat of Miryana Nesic’s highly successful workshop of last year:

”Miryana provided us with some first class material and her presentation was excellent! I was impressed by the degree to which she had clearly done her homework on the Scottish scene. She is to be congratulated on managing to hold my attention on her own for over 4 hours!”

For more information click here. To download a registration form, click here or here for online registration, or contact Laura Rutherford on 0131-221-2520 or laura.rutherford@core-solutions.com.

CPD: 4.5 hours

Upcoming Courses:

Ø Mediation Skills Training: Core’s flagship course

Module 1

12 - 15 November 2007

**Discounted Early Bird rate available if both modules booked and paid for by 30 August.**

For managers, advisers, decision-makers and negotiators, Core's next mediation course will be led by our internationally-recognised team of coaches and leading mediators, drawn from throughout the UK.

Completion of this module leads to Core's Certificate of Attendance at Mediation Training.

"No doubt whatsoever about the added value for a busy professional taking seven days out of the diary"

"The most motivating and rewarding course I've ever participated in."

"I met so many interesting people who certainly contributed to making the course an absolute success"

"We met through Mediation Skills Training and now we're getting married! Thanks so much for running the course. Totally life changing for both of us. We couldn't have done it without Core!" (Samara Shah and Jamie Whittle!)

For a course prospectus click here. To download a registration form, click here or here for online registration, or contact Laura Rutherford on 0131-221-2520 or laura.rutherford@core-solutions.com.

CPD: 28 hours

Ø Mediator Assessment Module (Optional)

5 – 7 December 20007

This module is optional for all those who, having undertaken module 1, wish to undergo Core's assessment process for mediators. This involves two formal assessment days preceded by a practice day, successful completion of which will entitle the participant to receive Core's highly valued Certificate of Competence in Mediation Skills.

To register, please use the registration form for module one.

CPD: 20 hours

Ø The Next Stage: Mediation and Negotiation Skills

1 - 2 October 2007

(with optional third day: 3 October)

Leading to the Core Certificate in Intermediate Mediation and Negotiation Skills

For those who have already undertaken mediation training and are looking to refresh and enhance skills and techniques in both mediation and negotiation - and to learn about the latest techniques used in difficult situations by leading mediators. Led by John Sturrock, Bill Marsh, Pamela Lyall and David Fraser.

For more information and timetable click here. To download a registration form, click here or here for online registration, or contact Laura Rutherford on 0131-221-2520 or laura.rutherford@core-solutions.com.

CPD: 15 / 22 hours

Recent and Upcoming Events

Ø Core’s annual dinner in June was once again over-subscribed. Those who joined us were treated to a fascinating insight into the development of mediation in Australia and elsewhere by our guest conversationalist, Alan Limbury. In July, another of Australia’s leading mediators, Ian Hanger QC, presented two well received workshops. The first, on Senior Executive Appraisal Mediation, focussed on involving key decision–makers in the mediation process in major construction disputes. The second looked at managing mediations involving multiple claimants, using as examples claims by 150 individuals against a medical practitioner and also a series of child abuse cases. We were grateful to Standard Life for hosting the second workshop and fortunate indeed to be able to attract speakers of this calibre.

Ø In late July, Miryana Nesic, one of the leading experts on conflict management in organisations, joined John Sturrock to present an in-house seminar to a financial institution on using mediation and other approaches to manage risk in large organisations, focussing especially on employment matters. Topics included early case assessment, dispute audits, expert determination, ENE, EDR and EWS (a prize for identifying what these stand for!).

Ø As noted above, in recognition of the growing importance of dispute management in organisations and businesses, Miryana Nesic will lead a half day workshop entitled “Managing Conflict in Organisations: The Role of the Ombuds” on Thursday September 6. This is an introduction for in-house counsel and other advisers to the potential of the internal ombuds role, as an independent problem-solver dealing with internal employment issues and problems with regulators, clients and customers.

Ø On Thursday 25 October, a business breakfast will feature the nature and role of apologies in workplace disputes. Core’s Director of Mediation Services, Pamela Lyall, said: “Over 30% of our growing number of mediations arise in employment or management situations. The DTI’s recent consultation emphasises the importance of this area. This event, along with Miryana’s seminar, provides an excellent opportunity to focus on some of the innovative ways in which business and organisations are addressing disputes.”

Mediators without Borders

John Sturrock attended the ABA conference on Dispute Resolution in Washington DC. Among many fascinating encounters, he attended the launch meeting of MWB, of which Core is a founder member, which is a non-profit, humanitarian organisation established to partner with communities worldwide to build their conflict resolution capacity for preventing, resolving and healing from conflict. This partnership involves the design and implementation of sustainable peace building initiatives responsive to the needs and culture of the communities, and to the history of each conflict. http://www.mediatorswithoutborders.org/

John also met with Erica Ariel Fox whose work at the Harvard Negotiation Insight Initiative looks set to inspire the next generation of negotiators and mediators, following in the path of leaders like Roger Fisher and William Ury. http://www.pon.harvard.edu/research/projects/hnii/index.php

Mediation Standards

Core’s Special Adviser on the development of mediation in corporate matters, Michael Leathes is leading the International Mediation Institute, an international initiative to help introduce global standards to mediation as a profession. IMI has been established to help address two main factors that are perceived to slow the growth and uptake of mediation to resolve disputes: lack of clear competency standards for mediators, and lack of understanding of mediation. http://imimediation.org/

John Sturrock comments on the IMI website: "I applaud this thoughtful initiative to seek to introduce a scheme which will help mediators around the world to raise their own and others' standards and to make sure that the services of mediators are available, understood and valued among a range of users in commerce, government and elsewhere. There is a great need for the skills and techniques employed by mediators to be utilised in a much broader range of activity than at present, to the great benefit of our world. We in Scotland hope to join with others in encouraging the use of IMI as an important part of our future in mediation.”

Of course, the Scottish Mediation Network’s Benchmark Standards Group, of which John Sturrock is a member, is currently examining how to introduce a register of mediators in Scotland. http://www.scottishmediation.org.uk/about/news.asp?id=113

Mediation Clauses

We are often asked about clauses for contracts. Here is the clause which we offer on our website:

“Any dispute or difference between the parties arising out of or in connection with this agreement shall first be referred to mediation, which will be conducted in accordance with the Mediation Guide of Core Mediation, Rutland House, 19 Rutland Square, Edinburgh, EH1 2BB (“Core”) which is deemed to be incorporated in this contract. The mediator shall be selected by agreement between the parties in discussion with Core. Failing such agreement, within 15 days of one party requesting the appointment of a mediator, the mediator shall be appointed by Core. Unless they agree otherwise, the parties shall share equally the fees, costs and expenses relating to the mediation and each party shall pay its own expenses of preparation for, and participation and representation in, the mediation.”

Miryana Nesic’s workshop on Friday 7 September 2007 will expand on this whole subject of drafting clauses to address various ways of dealing with disputes when they arise.

In Core’s own contract of employment, we include mediation as the first formal stage in Core’s Grievance Procedure. If a grievance is not resolved, an independent mediator can be invited to conduct mediation with the employee and the relevant line manager or other employee in an effort to resolve the grievance.

Core in the Press

A lead feature in HR Network magazine about the use of mediation in HR situations: http://www.core-solutions.com/HR_Network_May_2007.pdf

An article by Pamela Lyall on Thinking Differently and Making a Difference in negotiation and mediation:

http://www.core-solutions.com/HR_Network_PL_May_2007.pdf

Jennifer Veitch wrote about mediation and health service issues in The Herald:

http://www.core-solutions.com/Herald_Article_010507.pdf

“Just what is this Mediation Process” was the title of David Ferguson’s piece in the Scotsman sports pages in July: http://www.core-solutions.com/Scotsman_Article_180707.pdf

John Sturrock’s reflections on using principled negotiation and mediation in a hypothetical constitutional discussion between the Holyrood and Westminster Parliaments is featured on the international website mediate.com: http://www.mediate.com/articles/sturrockJ2.cfm

Upcoming Conferences

Ø The Third European Mediation Congress: Raising the Standard, 8 November 2007, London

http://www.cedr.co.uk/congress2007/

Ø The Mediators' Institute of Ireland Annual Conference, 16 to 18 November 2007, Cork
"Mediation in the 21st Century: Embracing the Future?"

featuring Bernie Mayer, Julie MacFarlane and Cinnie Noble http://www.themii.ie/conferences.jsp

Ø The Tony Curtis Debates

If you are in London, note these three debates, open to both practising commercial mediators and non-mediator guests, as part of the MATA winter programme. www.mata.org.uk

Ø Mediation is not about Justice?

Ø Mediators should be regulated?

Ø Barristers are giving mediation a bad name?

Core Statistics

Click here to view

Ø The range of business sectors in mediations conducted by Core

Ø The nature and frequency of the matters in dispute

Core Reading

Ø Challenging the notion of mere "right" and "wrong", and for those of us whose interests lie in conflict and its resolution, read Kenneth Cloke’s masterful book, Mediating Dangerously. Cloke explores the nature and source of conflicts, the deep sense of self which is represented in many conflicts, and the difficulties we all face in listening, speaking coherently or reaching a common understanding when we feel we are being attacked.

Ø The Starfish and the Spider by Brafman and Beckstrom describes the fascinating emergence and "unstoppable power" of "leaderless organisations". Gone, they say, are the days of hierarchical, top-down central command-and-control, as modern business is increasingly shaped by decentralised communities of peers, characterised by the likes of Wikipedia, Skype and e-Bay.

Ø The shift to people-centred organisations is the theme of Meaning Inc, by Bains and others, which provides a substantial, empirically based analysis of the state of business organisations and what employees and leaders really think about their work. At a time when research apparently shows that significant numbers of people are not happy with their jobs, this book focuses on the proposition that the future of successful organisations lies in providing their employees with meaning at work. This requires a real sense of purpose, strong values, innovative benefits, concern for the wider societal and environmental impact of business and empowering leadership. Examples of successful "Meaning Inc" companies include Starbucks, Goldman Sachs, Tesco and RBS.

Please feel free to forward this newsletter to colleagues who may be interested in it.

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