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…

John Sturrock reflects

… on Edinburgh, London and the challenges facing mediation everywhere….

John Sturrock QC, the founder of Core Solutions in Edinburgh and “Scotland’s finest mediator” (Legal 500) has now been a central member of the Brick Court team for two years.

I caught up with John on his way to the airport. He had just left a foreshortened Select Committee meeting on Brexit at Westminster, which he had been facilitating in his Special Adviser role (the General Election announcement had distracted his intended audience). He was flying to San Francisco to speak at an American Bar Association Dispute Resolution conference before going on to Memphis, Tennessee for the International Academy of Mediators conference. Such is the life of a mediation thought-leader!

Q : John what kind of litigation practice did you have at the Edinburgh Bar in the days before mediation discovered you? Have you left those experiences behind or do they still inform the work you do?

 I had a busy and varied civil and commercial practice. We tend to specialise less at the Scottish Bar so my portfolio included a wide range corporate and commercial work. That gives me a really good insight as a mediator into many different types of case.

So I was junior counsel in the then largest patent action in the Scottish courts. I handled major litigation arising out of the tobacco and pharmaceutical industries, property valuation (including petro-chemical plants, large entertainment venues and football stadiums!), banking, oil and gas, construction, planning, judicial review and the usual range of professional indemnity cases involving all sorts of disciplines. Along the way I paid a visit to the House of Lords in which my argument as junior counsel for the appellant on the matter of foreseeability prevailed – a moment of pleasure not to be shared overtly with my learned senior!!

Q : Scotland, not least because of your own efforts, has become something of a mecca for dispute resolution and mediation in particular. Do you have a sense that Scotland punches above its weight in ADR matters? Modesty aside how has this come about?

I think we need to be realistic. Scotland has seen a really significant rise in the use of mediation in commercial cases. And, yes, like you Bill, having left litigation practice to work full time in mediation and dispute resolution, I take some pleasure in that development, in which I have invested my professional career for over fifteen years. But we are still behind other jurisdictions in judicial support.

I sense this is changing now with a quite radical new leadership in our courts. However, this means that I often mediate in situations where the parties are choosing to do so because they want to – not because a court will penalise them for not doing so – and also earlier when more imaginative approaches can be taken. I am a great believer in making best use of the mediation process to help the key players achieve really useful results for their business.

Q : You were busy mediating in London well before you joined Chambers. But I wonder what differences you notice between London and other mediation environments in which you work in terms of the way parties participate in mediations and in their expectations of you?

Interesting question. I sense that there is greater expectation that there are particular ways in which mediators will act. Sometimes there is a more pro forma way which people have developed over a number of years and through great experience. I think one needs to be sensitive to that and the benefits which people have seen accrue. On the other hand, one of the themes at the ABA conference is likely to be the extent to which mediation in the US (especially in Southern California) has become formulaic and the province of the litigation profession. The fear expressed in the US is that mediation is now just a tool for use to achieve (or broker) late settlement. Indeed, they are proposing an alternative “early dispute resolution” model which seems to be just mediation carried out early! We need to avoid falling into the trap of being too predictable , I suggest.

Q : You must have one of the most varied portfolios of any ADR professional that I can think of, with a practice reaching into government, political parties, policy, the environment, churches, industry, as well as covering the narrow litigation-centred world I work in. Do they all complement each other and spark off each other or do you simply have to wear a different head for each of them?

The fundamentals are the same I think. The human condition, by definition, is universal. They say that there are only five themes in Hollywood! The facts and circumstances differ, the emotional component is expressed differently, the players have different drivers, and so on. But the beauty of our role is that, because we enablers and not fixers, we can draw on these many experiences and often use a technique or approach from another environment to help in the instant case. I seek to adapt to the “culture” wherever I am or whatever I am asked to deal with, and that means avoiding stereotyping or assuming that any situation fits into a particular box.

So, there is a sense of each mediation (or “facilitation”, if the “m” word is not the right one) providing a rich resource for all the others. You use the word “spark”: I think that is really important. When we are at our best as mediators, our job is to help spark others into new ways of approaching difficult problems and to do so with energy and commitment. I regard myself as very fortunate to work with such a diverse range of people and issues.

Next time I talk to our New Zealand-based mediator, Geoff Sharp