Better Conversations Bus Tour

Collaborative Scotland recently organised a series of public events and business breakfasts in the north-west of Scotland as part of its Better Conversations Bus Tour.

Collaborative Scotland is led by Brick Court’s John Sturrock QC.

The tour facilitated a series of free open meetings and workshops in partnership with some of the region’s most prominent civic organisations, including the University of the Highlands and Islands, the North Highlands Initiative, Highlands and Islands Enterprise, Crown Estate Scotland and North Coast 500.

Events along the way enabled constructive dialogue that encouraged people to consider what vision they have for their community and the country as a whole. Public meetings focussed on Brexit and Other Challenges” and asked What sort of community do we want to be?” It also offered meetings for local businesses to consider how to reduce unhelpful disputes and have more effective business arrangements, and for school pupils to learn about respectful dialogue.

John comments:

Over the past few years, I’ve had the privilege of leading Collaborative Scotland and encouraging respectful dialogue on constitutional issues and the future of the country.

So often communities, especially those in rural areas, can face divisions about their future direction – often in response to developments like wind farms, proposed land reform, new initiatives and losses anticipated from Brexit. Those issues can become polarising and adversarial. Yet in my role as a professional mediator I’ve seen so often how much benefit there is when people are able to sit down and talk constructively about important issues, especially where they might have different perspectives, and when they can really begin to understand each other’s viewpoints. Time and again they go on to explore ways to move forward and find common ground that improves the situation for everyone.

We realise that there is so much to be gained, in personal, local and business relationships, when folk find common ground. Our bus tour will explore how local communities and businesses in areas of Scotland, that face unique socio-economic challenges and opportunities, can achieve even more by working together.

We’ll ask questions like: “What vision do we have for our community? And for our country? What matters most to us? What concerns us?” We’ll be promoting Collaborative Scotland’s Commitment to Respectful Dialogue as we go.

Milestone Civil Justice Council Report Out for Comment

An expert working group of the Civil Justice Council has published a comprehensive interim report on the role of ADR in civil justice in England and Wales.

The CJC is now seeking written submissions and recommendations of the report, ahead of organising a seminar at which the proposals can be discussed and a final report prepared and submitted to the Government.

Chairman of the CJC Working Group is Brick Court’s Bill Wood QC

ADR has failed to achieve the integral position in the civil justice system that was intended and expected for it at the time of Woolf. The CJC assembled this Working Group (including representatives of the Bench, the professions, the ADR community and an academic) to try to understand the reasons for failure and to suggest some possible solutions.

Our aim is to stimulate a debate between all stake-holders as to the nature of the problem and the possible practical solutions, including the thorny issue of mandatory mediation. With the Online Court in development and pilot local mediation schemes up and running in a number of centres, this is an exciting time. The Report does not try to be utterly comprehensive nor does it purport to have all the answers but we hope it can make a contribution, and that in due course a final report can set out a widely-supported basis for moving forward.

Chairman of the CJC, Sir Terence Etherton, the Master of the Rolls

ADR is a very effective means of resolving civil disputes quickly and cheaply. This report explores the current use of ADR and the reasons why it is not used more frequently. As we prepare to enter a digital age of dispute resolution it is an ideal time to look in detail at how the potential for ADR can be maximized.

Read the full report

Written submissions by Friday 15 December 2017 to civiljusticecouncil@judiciary.gsi.gov.uk.

In other BC news, Bill Wood has recently been reappointed to the Civil Justice Council until 2020.

Brick Court in the Pacific

Brick Court mediator, Geoff Sharp, has been teaching mediation at the University of the South Pacific in the Cook Islands this week courtesy of Cook Islands Law Society, New Zealand Law Society and Massey University.

The course was held at the USP campus on the island of Rarotonga in the Southern Group of 15 tiny islands that make up the Cooks. The resident population of all islands in the group is estimated to be between 11,000 and 12,000, almost all Cook Islands Maori.

By the way, the Cook Islands is one of the few countries in the world to ask a question about coconut consumption as a part of its census – and it was revealed in 2017 that 2,947 households use 28,461 coconuts every week. That’s 10 coconuts per home per week!

In some ways teaching mediation anywhere in the Pacific is taking coals to Newcastle, there being a strong tradition of conflict resolution by mediation within Pacifika social order – in particular in the many villages dotted throughout the islands, often remote from any formal system of justice.

But the modern form, especially for civil disputes – which are mainly land issues – has been eagerly awaited. It won’t be long before mediation is mainstream in the Cooks and it will be very colourful with plenty of food, prayer and maybe even song integrated into the process.

Thanks go to other faculty members, Prof Laurence Boulle, Virginia Goldblatt (co authors of Mediation: Skills and Strategies) and Dick Edwards of NZLS CLE who made it all happen.

John Sturrock Features In The Times

In these turbulent times, some might be interested in John’s article published in The Times newspaper yesterday…

Brick Court Mediators In Asia

This week Geoff Sharp was appointed one of a handful of Senior International Mediators to the new Mainland China – Hong Kong Mediation Center.

Being the first joint mediation center in the region set up by two major mediation institutions in Mainland China and Hong Kong, the Center aims to provide an effective platform for resolving cross-border commercial disputes between Mainland China and Hong Kong, in particular with China’s “Belt and Road” initiative.
The Center is a joint venture between the China Chamber of International Commerce and the Hong Kong Mediation Centre, with the vigorous support of the Department of Justice.
The Belt and Road inititive together with the National 13th Five-Year Plan means cross-border trade is set to increase drastically and commercial disputes are expected to follow.