news
October 2007
Core’s Flagship Mediation Skills Course:
Module
1: Dealing with Differences and Disputes Using Mediation
(12
– 15 November)
Optional
Mediator Assessment Module (5 – 7 December)
Success
of The Next Stage training course
Core Business
Breakfast: 25 October “Saying Sorry?”
Intellectual
Property and Licensing
“Even if in
the initial days mediations aren't always foot-perfect or conforming to text
books on "How to mediate claims" the confidence that everyone,
advisors and clients, gets from actually doing them, combined with the
obvious financial and practical benefits to the parties becoming real rather
than theoretical, will act as the greatest incentive and accelerator to
mediation becoming a mainstream activity.”
a senior
solicitor reflecting on his experience of mediation in action
Mediation Week initiatives
During national Mediation Week (15-19
October), Core is offering three special initiatives to encourage greater use
and understanding of commercial mediation:
·
Throughout Friday 19 October,
Core’s senior mediators,
This is a great
opportunity to explore the possibilities of mediation for that tricky case or
dispute.
·
On the same day, Core will be hosting a simulated demonstration of a multi-party mediation, in which you
are invited to participate. This will be
valuable CPD (up to 7 hours) and is offered to solicitors or their clients who
have a real interest in commercial mediation. We have up to 8 places available
on a first come, first served basis. Contact laura.rutherford@core-solutions.com
or 0131 221 2520.
·
During Mediation Week (15 – 19 October), we are offering a 5% discount on the fee for those who
register and sign up for a place on our next Mediation Training Course (see below for more details). There are only
5 places left so do act quickly if you are interested!
Multi-Party Mediations
Core’s lead mediators have recently
been involved in a number of multi-party mediations:
·
One involved four parties with a difficult dispute over a number of
boundaries. After a preliminary meeting with solicitors and a brief site
inspection, the parties and their advisers met for a day of mediation in the
course of which a settlement package was achieved.
·
Another arose out of a housing development and involved legal,
banking and partnership interests. Mediation took place in a series of meetings
over a few weeks resulting in overall resolution of several litigations and
long-standing business issues.
·
A third mediation involved 6 parties, 49 participants, several professional
firms, a number of complex factual and legal issues and a multi-million pound
claim. A final overall settlement was achieved in 4 days of mediation avoiding
the prospect of many weeks of litigation and millions of pounds in costs.
These are just examples
of the impact which mediation is now having in commercial, professional,
personal and organisational disputes in
·
Several hundred legal and other advisers have now been involved in
mediation in
·
Core mediators have been engaged in more than 200 mediation days in
the past three years, approximately 150 of these in the past 21 months.
Mediation Skills Training: Core’s
flagship course
Module
1
12 - 15 November 2007
5 places still available
CPD 28 plus hours
Led by our internationally-recognised
team of coaches and leading mediators, covering conflict management, negotiation and mediation in commercial,
workplace and organisational settings
• Who participates?
In recent courses,
participants have come from a variety of backgrounds from throughout Scotland,
England, Northern Ireland, the Republic of Ireland and Russia: local
government, corporate, accountancy, the legal profession (bar and solicitors)
and judiciary, the health services, human resources, construction, sport,
surveying, engineering, architecture, higher education, financial services,
housing and the civil service.
• Why Core?
- Specialist coaching in each
workshop throughout the course
- High participant : coach ratio
- One to one video feedback
- More time to learn new
approaches
- Better value for money
• What they say about Core’s mediation
training
“I find the Core training to be the best I have experienced in
my time in private practice because of the ability to get underneath the
surface of what is going on.”
“Excellent course.
Entertainingly presented with high quality trainers. Has given me more cause
for thought than most other courses I have attended.”
“I enjoyed the
course, and feel that it was a most useful exercise in general as well as in
relation to mediation in particular. You made a learning experience a
pleasure!”
“I found the course
exhilarating, extremely hard work and most thought provoking. This course has
been far more useful as it concentrated very much on my development as
well as giving me the opportunity of benefiting from others’ experiences.”
Completion of this module leads to Core's
Certificate of Attendance at Mediation Training.
Interested?
For
a course prospectus, click here. To download a registration form, click here or here for online registration, or contact
Mediator
Assessment Module (Optional)
5 – 7 December 2007
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
Success
of The Next Stage training course
The first of Core’s next generation of mediation
training courses, and perhaps the first of its kind in the UK, designed for
those who have already undertaken mediation training and who 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 and
multi-party mediation – was led recently by
Feedback
has been good:
“This was a
hugely enjoyable and stimulating experience, delivered in an atmosphere of
challenge and support.”
“This was
up amongst the very best courses I have taken part in over the last 20 years.”
“I am sure
your collective professionalism and ease helped each of the participants to
achieve something somewhat better than each had thought imaginable.”
“I had a
great time on your course. I thoroughly enjoyed the company of my fellow
attendees. It was a nice reminder of what a lovely city
We expect
to roll this course out next year. Look out for details soon.
Some key learning points
which emerged:
·
The importance of the strategic use and exchange of information
·
Avoidance of positional bargaining and shuttle offers
·
The importance of non-monetary elements in many deals
·
Attentiveness, awareness, sensitivity and language
·
The impact of venue and setting
·
The tensions and dynamics within teams
·
Effectively using time in complex mediations
·
Living with uncertainty, risk, discomfort and innovation
·
Challenging without offending unnecessarily
·
That we are all human and learn from what does not work – even
mediators!
During
the course, the participants were treated to an evening supper event addressed
by Core corporate adviser and leader of the newly formed International
Mediation Institute, Michael Leathes (www.IMImediation.org). Michael spoke about the
many interest-based processes he has used to achieve solutions in commercial
disputes.
Click
here to read more in an article in the Scotsman
featuring Michael’s presentation.
Core Business Breakfast: 25 October “Saying Sorry?”
·
discussion about the use of mediation in employment and workplace
situations and how that use can be extended when appropriate
·
an update on the many different types of matters which Core is handling
in this area
·
reflection on new initiatives such as the recent practice direction
issued by the President of the Employment Tribunal
·
a special session on dealing with impasse and perceptions of
irrational behaviour. In this we will explore the role of an apology,
acknowledgement, explanations and reassurance
Commencing at 8.00 am
with hot bacon rolls, orange juice and other refreshments. Concluding no
later than 9.30 am. Venue: central
There
are a few places left.
Contact
Nominal
attendance fee of £25 plus VAT, with any additional participant from the same
organisation or firm at £15 plus VAT.
Intellectual Property and Licensing
·
http://www.ipo.gov.uk/mediationmodel.pdf
In IDA and others and
“Parties to these disputes should realise
that, if fully fought, they can be protracted, very, very expensive and
emotionally draining. On top of that, very often development or exploitation of
the invention under dispute will be stultified by the dead hand of unresolved
litigation. That may be the case here: there has not yet been any exploitation
by either side, some 8 years after the original PCT application. It will often
be better to settle early for a smaller share than you think you are entitled
to – a small share of large exploitation is better than a large share of none
or little….This sort of dispute is particularly apt for early mediation.”
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/145.html
Core
Reading
·
Mediation: An
Approximation to Justice: Mr Justice Lightman in an address to SJ Berwin on 28 June
2007
“A thermometer of the health of mediation today reveals its
world-wide spread and appeal.”
http://www.judiciary.gov.uk/docs/speeches/berwins_mediation.pdf
·
The Power of a Positive
No by
William Ury (Hodder and Stoughton 2007)
·
Building Agreement: Using Emotions as we
Negotiate by Roger Fisher and Daniel Shapiro (Random House 2007)
The latest
books by the co-authors of Getting to
Yes - need we say more?
A final thought
A “No”
uttered from deepest conviction is better and greater than a “Yes” merely
uttered to please, or what is worse, to avoid trouble.”
Mahatma
Gandhi
quoted by William Ury in The Power of a Positive No
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