news

"We are very pleased and relieved that we have achieved closure and I do genuinely hope that the other party also feels that it has been a positive experience. I am particularly grateful to you for encouraging us to persevere at the end when it seemed all was lost. On a general level I found it a terrific learning experience and my horizons have definitely been broadened in terms of considering different ways to manage disputes."

(legal adviser to a company involved in a recent Core mediation)

Launch of Core initiative in Family Matters

We believe that the Core approach to mediation, with excellent preparation strategies and the intimate involvement of the parties’ solicitors whenever required, offers real benefits in family matters where there are significant financial, business or property differences or disputes. These will include financial provision on separation and divorce and other situations of breakdown in family relationships; business, company, partnership and property matters; and executries, trusts and estates. Core’s mediators have considerable experience in property, corporate, commercial, employment and other situations which often involve intimate personal and business relationships. If you have a dispute or difference which might benefit from mediation, please contact John Sturrock or Pamela Lyall to discuss. We offer a without commitment initial meeting to consider whether and how the involvement of a mediator might add value.

Mediation Update

The uptake of mediation continues apace. Over the summer, the number of mediations conducted by Core has maintained the high level established in the first half of the year, running on average at one or more per week. Mediations in England and inquiries from the Republic of Ireland and Northern Ireland underscore the growing reputation of Core as a premier mediation provider.

Recent matters have included partnership level differences in a professional firm, senior management in the hotel industry, complaints about customer service in the financial services sector, joint venture partnering in the construction industry, biotechnology and research contracts, landlord and tenant, post-divorce property matters, issues about victimisation, harassment and racial discrimination in employment, and commission payments on major commercial transactions. Resolution rates continue to exceed 80%.

In some matters, the mediation process provides the springboard for parties to engage in constructive communication, which can then continue without the ongoing involvement of the mediator unless required.

Update from Elsewhere

We mentioned Burchell and Bullard in an earlier newsletter as the latest English Court of Appeal case to reinforce judicial views about mediation. It is rumoured that the judges were unhappy at the restrictive interpretation put by some on the important case of Halsey. The case involved the construction of extensions to a family home. It seemed to be a straightforward matter. The initial claim was for £18,500. As matters spiralled, the parties incurred costs over 5 years of about £185,000. “Isn’t that horrific?” asked Lord Justice Ward. One party had a stroke. The other said: ”We have lost everything. All our money has gone to lawyers”. An offer of mediation had been rejected at an early stage. Lord Justice Ward said that the legal profession and the parties “cannot ignore a proper request to mediate simply because it was made before the claim was issued.” Mediation costs would have been “a drop in the ocean compared with the fortune which has been spent on this litigation.” Rejection of the offer was “plain nonsense”. To read the whole judgment, please click here.

The later case of Vahidi v Fairstead House School Trust is an important one for those engaged in employment matters. Here the Court of Appeal expressed the view that “as the courts have settled many of the principles in stress at work cases, litigants really should mediate” such cases, whether before trial or before appeal. To read the whole judgment, please click here.

Core has mediated in cases where the circumstances are similar to Burchell and Vahidi– with successful resolution in a day or two. The monetary and other gains can be very important.

In the USA, many major corporations have entered into formal agreements to accept mediation to resolve workplace disputes. The US Postal Service is perhaps the best known example. Halliburton, the energy services and construction company, are the latest. According to the US Equal Employment Opportunity Commission, more than 72,000 cases have been handled through mediation since 1999.

One of the largest areas of Core’s mediation work is in workplace differences and disputes.

The Prime Minister recently commented on the compensation culture in a speech at the Institute of Public Policy and Research, saying that, wherever possible, medical claims should be settled informally and quickly, without going to court. The Lord Chancellor continued the theme by speaking in favour of alternatives in dispute resolution.

The potential for mediation in the health sector remains very significant.

Scottish Executive Funding Initiative

The Executive recently announced funding for new court based projects in Glasgow and Aberdeen, building on the successful Edinburgh Sheriff Court initiative. In addition, £180,000 funding for the Scottish Mediation Network was secured to enable it to continue its promotion work for mediation in Scotland.

Forthcoming Courses and Events

Advanced Negotiation Skills: 17 and 18 November 2005

A two day course, of which:

· Day One features negotiation strategies and communication techniques for negotiators who wish to improve their understanding of effective and practical negotiation skills and the various stages of a negotiation – and work on specific tools for analysing and dealing with conflict.

· Day Two builds on day one and focuses on strategies for more complex negotiation situations, including dealing with difficult people, handling emotion, breaking deadlock, challenging tough bargaining positions, testing reality, developing options, making concessions appropriately, risk assessment and analysis. On Day Two, we are joined by the leading specialist on conflict management, Miryana Nesic, from London.

· CPD 14 Hours – ideal for advisers, negotiators, lawyers, mediators, managers, human resource personnel, decision-makers, senior executives.

Click here for course flyer, click here to register online and click here to download a registration form.

Note Early Bird Discount registration date: 7 October.

Master Class: Advanced Mediation Strategies: Learning from your Mediation Experience: 7 December 2005

An evening event (5.30pm -7.30pm) for those who have taken part in mediation, as adviser, representative, party or mediator, this forum provides an opportunity to discuss what works and what does not work – and what strategies are likely to prove most effective. Share best practice and gain helpful insights. Click here to register online and click here to download a registration form.

CPD 2 Hours.

Advising and Representing Clients in Mediation: 8 December 2005

A one day course for solicitors, counsel, in-house advisers and others who wish to learn more about the process of mediation and how you can use it for the benefit of clients and colleagues.

Click here for course flyer, click here to register online and click here to download a registration form. CPD 7 hours.

Next Mediation Skills Course: 27 to 30 March 2006

With another course underway this month and very positive feedback from participants, we are planning Core’s next flagship mediation training and optional assessment course. Click here for Course Prospectus, click here to register online and click here to download a registration form.

In-House Courses

Core regularly conducts in-house training in the corporate, public and professional sectors: to discuss the provision of such a course, please contact us by emailing john.sturrock@core-solutions.com.

Benefiting from the Gain Game

“I have been conscious that I have not updated you on where I got to with the other side. Well, we played blue/blue and looked for a solution. We both acknowledged the other side’s point of view without necessarily agreeing with it. But we did agree to stop fighting and concentrate on getting value out of the office building which was at the heart of the dispute. At the same time we are looking at business opportunities and, as the other party is amazingly well connected internationally in the world of …., I am hopeful. It wouldn’t have happened without you! Thanks.”

(from a participant in a Core course who has used the Gain Game to good effect in a real situation).

Core People

We have recently bid our formal farewells to Lynne Davies who has commenced at university, undertaking a degree in psychology. We wish Lynne well and thank her for all her hard work for Core – and for the excellent service she gave to so many of our customers. Steven McCann is now well settled as Business Support Administrator and we welcome Kevin Paterson as Research Assistant, fresh from completing his LLB degree and Diploma in Legal Practice and with a wealth of other experiences behind him. Lynne’s replacement will be announced soon and, in the meantime, Lynne will be with us on an ad hoc basis. Over the summer, we were joined by Jonathan Henderson as an intern, tasked with updating our database. We are delighted that Jonathan will continue to provide part-time support in the months ahead.

The final word

“You know that Elton John lyric “Sorry seems to be hardest word”. It is: people find it very difficult to say sorry. We all find it difficult to admit we’ve made mistakes. We have to acknowledge that things go wrong in life, it is what we do when things go wrong that matters.”

(Professor Alice Brown, Scottish Public Services Ombudsman, quoted in the Scotsman newspaper).

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