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Core Mediation News
Contents
| 1. |
Current Mediations |
| 2. |
Press Coverage |
| 3. |
"Mediation Makes Sense" Core Mediation Forum: October 1 |
| 4. |
Mediation Clause |
| 5. |
Presentations |
| 6. |
Training Courses |
| 7. |
Developments in England |
| 8. |
Core People |
1. Current Mediations
The level of enquiries is at an all time high. We are delighted with both the number and quality of mediations which are being referred to Core. These cover a wide range of disputes. Amongst those currently being discussed include building and construction, medical negligence, forestry, employment, solicitors’ negligence, property development, personal injury, banking, shareholdings and defective goods. Cases emanate from all over Scotland.
2. Press Coverage
Core Mediation has received good coverage in the Press recently, some of which emanated from John Sturrock’s appearance at the Book Festival to discuss whether or not we are "Compensation Crazy". The BBC and the Independent followed this up. Correspondence in Scotland on Sunday and features in other journals have helped to increase our profile. Please view the "Press" section on our website (www.core-mediation.com) for copies of some articles. We are continuing to develop our press strategy along with Great Circle Communications.
3. "Mediation Makes Sense" Core Mediation Forum: October 1
Our "Mediation Makes Sense" Forum in Edinburgh on Tuesday 1st October was an outstanding success. We had a guest list of over 70 and we were entertained by extremely informative and practical contributions from our speakers, Jane Fraser, David Hossack, Murdo Macleod and Douglas Russell. This was followed by a supportive and encouraging personal reflection by Lord Abernethy who recognised the many benefits which mediation can bring. The enthusiastic discussion about mediation which continued over glasses of wine after testified to the value of the evening. Many of those who attended left with a renewed and enhanced commitment to using mediation for the benefit of their clients.
4. Mediation Clause
We are often asked to suggest a mediation clause for inclusion in contracts. After some consideration and discussion with others, we propose the following as a first draft:
"Any dispute or difference between the parties arising out of or in connection with this agreement shall first be referred to mediation in accordance with the mediation procedures of Core Mediation Limited, 22 Fountainhall Road, Edinburgh EH9 2LW or other mediation service provider selected by agreement between the parties (hereafter referred to as the mediation service provider).
The mediator or mediators shall be selected by agreement between the parties in discussion with the mediation service provider. Failing such agreement, within 15 days of one party requesting the appointment of a mediator, the mediator shall be appointed by the mediation service provider. Unless they agree otherwise, the parties shall share equally the costs charged by the mediation service provider."
Any observations?
5. Presentations
Core has continued its programme of giving presentations to organisations and firms who wish to understand better the mediation process. Recently, Core Consulting has delivered its successful training course for representatives and advisers of clients in mediations, as a one-day in-house course, with a heavy emphasis on role play.
6. Training Courses
Up-coming Core Consulting mediation training courses include the following:
19th November 5.30 p.m. - "Forget Winning Friends...Learn how to Influence People" - Core Mediation Workshop with Dr Fiona Taylor, for accredited mediators.
25th November 2.00 p.m. - "Mediation in Health Cases": short introductory course for solicitors involved in medical negligence claims.
12th and 13th December - "Advising and Representing Clients in Mediation" a repeat of our two-day course for solicitors and others who wish to gain an in-depth knowledge about mediation and how to advise and represent clients in mediation.
Contact maxine.gomersall@core-mediation.com for more information.
7. Developments in England
Readers will be aware of the recent Court of Appeal cases of Cowl v Plymouth City Council and Dunnet v Railtrack. These made clear that the courts in England believe that, wherever possible, parties should use mediation. Indeed, Lord Justice Brooke, in Dunnet, went as far as to say this: "Skilled mediators are now able to achieve results satisfactory to both parties in many cases which are quite beyond the power of lawyers and courts to achieve". He warned lawyers that if they "turn down out of hand the chance of ADR, when suggested by the court...they may have to face uncomfortable costs consequences".
This followed Lord Chief Justice Woolf’s comments in Cowl in which he said "Today sufficient should be known about ADR to make the failure to adopt it, in particular when public money is involved, indefensible".
In a more recent case of Hurst v Leeming, Mr Justice Lightman set out an objective test which would be applied by the courts when parties refused to try mediation to resolve their dispute. He said that "the starting point must still be the fact that the mediation process itself can and does often bring about a more sensible and more conciliatory attitude on the part of the parties than might otherwise be expected to prevail before the mediation, and may produce a recognition of the strengths and weaknesses by each party of his own case and that of his opponent, and a willingness to accept the give and take essential to a successful mediation...What appears to be incapable of mediation before the mediation process begins often proves capable of satisfactory resolution later".
While these trends are not yet apparent in Scotland, it is to be hoped that the benefits which mediation is bringing to so many disputes south of the border will be increasingly recognised by parties and lawyers in Scotland.
8. Core People
David Semple has decided to retire as a director of Core Mediation in order to pursue other interests in business and conflict resolution. David remains on our panel of mediators. We are enormously grateful to David for his very significant contribution to the launch of Core Mediation.
Please contact Maxine Gomersall maxine.gomersall@core-mediation.com for more information or if you have any inquiries.