NHS Highland Review

One of our mediators, John Sturrock, was commissioned by the Cabinet Secretary for Health in Scotland to carry out a review of allegations of bullying in NHS Highland. John’s extensive report has now been published. It explores aspects of the human condition, together with modern approaches to leadership, changes in society, political conundrums and the […]

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Dispute Resolution Clauses In Commercial Contracts

I don’t mean to argue against the undeniable wisdom of inserting a dispute resolution clause in a commercial contract at the drafting stage. What’s not to like… it makes absolute sense to agree a dispute resolution framework before a dispute arises. But there is a BUT. Most clauses, and there are hundreds of versions, are drafted […]

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Paris: The Capital of Negotiation?

Paris has recently had a reputation for confrontation. But a hundred years ago  the allied powers (principally France, the US and Britain led by Clemenceau, Woodrow Wilson and Lloyd George respectively) were in Paris negotiating the Treaty of Versailles. Clemenceau had just survived an assassination attempt. He observed wryly that even after the greatest war […]

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Never Give Up: Persevering in Mediation

  “If you had not held us back that evening, the deal would not have been done.”  “Thank you and I wish you well.” In this post, I return to a familiar theme for mediators and for lawyers acting for clients in mediation: perseverance. The first of the two quotations above comes from a participant […]

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Representing Small Players in Multi Party Mediations

A good piece from Don Swanson, a lawyer out of Omaha, Nebraska, on representing bit players in large multi party mediations – we’ve all been there – other parties focused on the ‘big’ issues and it’s hard to get anyone, including the mediator, to focus on your supporting actor who has lower tier, but still crucial-to-them, […]

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