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73 articles available

  [A talk given at the recent "100 cases" event in Glasgow to celebrate two years of small claims mediation provided by Strathclyde Mediation Clinic. Judges in Scotland are known as "sheriffs".] I…

Three recent mediations in three jurisdictions raised some interesting issues.  Each mediation was different. One involved a claim for professional negligence against a firm of solicitors for …

‘Tis the season to be merry. And indulgent. ‘Tis also the season when favourite songs are compiled by well-meaning souls into apparently themed collections. In the UK, we have a long-running radio…

“Patients don’t expect doctors to be perfect. They do expect them to strive for perfection by opening up their work to scrutiny” Atul Gawande, Desert Island Discs, BBC Radio 4, 6/12/15. A bit of a…

I’ll start with a story. Bear with me as it unfolds. I'll discuss the learning later. Here goes: The door closed behind me and I descended the stairs. I often take the stairs in hotels to get some…

In recent weeks, I have had the privilege of mediating and facilitating in different matters with representatives of four governments . On one occasion they were on the same "side"; on another,…

My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the…

This week, I have had the genuine privilege of contributing one of the key note addresses at the Annual Conference of the Arbitrators and Mediators Institute of New Zealand (AMINZ) in Wellington. It…

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get…