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for people interested in mediation in Scotland

M E D I AT I O N : I T ’ S Y O U R S O L U T I O N FEBRUARY 2010 ISSUE 59

I N S I D E T H I S I S S U E:
Planning for a Dispute Resolution
Planning for a Dispute Resolution
Centre in Scotland 01 Centre in Scotland
Good Neighbour Winners in Dundee SMN has been participating in a Scottish a significant share of this growing market.
and Angus 02
Government sponsored steering group to In government we will work with Scotland’s
Scottish Mediation Register Survey 02 develop a plan to promote Scotland as a centre legal community to take forward plans to
for high quality dispute resolution. The aim create a Scottish international arbitration
Viewpoint: Copenhagen Reflections 03
would be to increase the use of commercial centre.”
Job Opportunities 04 dispute resolution by companies, organisations
A Dispute Resolution Centre steering group
Training 04–06 and individuals from other countries either by
was subsequently set up to consider how to
coming to Scotland or by using the services of
Events 07 take the initiative forward and has agreed that
Scottish providers in other countries. Examples
the DRC would encompass other forms of
exist of arbitration and mediation centres
dispute resolution services including mediation.
outside of Scotland in London, Sweden, Paris,
It has also been agreed that the DRC should,
Belgium, and Switzerland and political support
at least initially, be a virtual (online) service
exists for building on the Scottish experience
bringing together—signposting to everything
in this area.
that Scotland has to offer in this area.
In its election manifesto, the SNP stated that:
The Government has made it clear that funding
“As world trade continues to expand, there and resources to establish such a Centre
will be increasing demand for high quality should be sought from those who can expect to
arbitration services as the preferred method benefit financially once the Centre is created.
to resolve cross-border commercial disputes. As a first step the Steering Group is looking to
Scotland, with its international reputation in develop a marketing plan to ascertain interest
finance and law, is ideally placed to of- in the initiative. SMN will keep Collaborate
fer world-class arbitration services. With readers up to date with the proposals as
C O N T R I B U T E T O C O L L A B O R AT E arbitration offering greater flexibility and they develop and in the meantime any reader
lower cost than traditional legal processes, who may be interested in being involved in
SMN publishes Collaborate regularly, and an international arbitration service in this project can contact SMN’s David Adam
we encourage you to contribute. Edinburgh would be well placed to attract david@scottishmediation.org.uk.
For submission guidelines contact Toni Freitas
at: collaborate@scottishmediation.org.uk.

The submission deadline for the next issue is:


Friday 19 March 2010.

The Scottish Mediation Network has as SMN regularly accepts articles from guest writers to be included in Collaborate.
its purpose the promotion of mediation
Email for submission guidelines.
of all forms in Scotland. We believe that
mediation is an underused option. SMN’s Place your advert here! If you have an event, training session, or job opportunity that
longer-term vision is to embed mediation
you would like to advertise to Collaborate readers, then please email us for submission
in to the way conflicts of all kinds are
resolved in Scotland. guidelines.

News from the Scottish Mediation Network, registered Scottish Charity Number SC034921
for people interested in mediation in Scotland M E D I AT I O N : I T ’ S YO U R S O L U T I O N

Good Neighbour Winners in Dundee and Angus


Dundee and Angus Community Mediation, the out, replacing high light fittings and reaching He also added: “This was not an easy decision
neighbour dispute resolution services, chose a loft ladder. They also recommended a to make, as we were made aware of quite a
the winners of their “Good Neighbour” awards in blacksmith and landscape gardener for works few examples of people going out of their way
December. Nominations for good neighbours outside the house.” to help their neighbours in various ways. We
in the Dundee area were received at an wrote to everyone nominated, congratulating
Alistair and Helen Wylie of Carnoustie were
information stand run by the service at the them on their kindness.”
selected by the Advisory Group for the Angus
Wellgate Centre and nominations for Angus
area and also received a Christmas hamper Dundee and Angus Community Mediation
were received at an information stand run by
supplied by Smithies Delicatessen of Arbroath. services are managed by Sacro in partner-
the service at the Abbeygate Centre, Arbroath
ship with Dundee City and Angus Councils.
during Scottish Mediation Week in November Neighbour Mrs Elizabeth Ferris, who nominated
The service offers mediation free at the point
2009. the couple, describes them as “excellent n
of delivery to all residents, irrespective of
eighbours”. Examples of the many good deeds
Chris and Dawn Mands were selected by the housing tenure. For further information about
the Wylies have done include regularly watering
Dundee and Angus Community Mediation the award, please contact Bob Ballantine on
her vegetables and sorting out her mail when
Advisory Group from among several good 01382 459252, e-mail: bballantine@dundee.
she is away, having a meal waiting for her
neighbours put forward for the award, and were sacro.org.uk
return on occasions and doing electrical work
presented with a Christmas hamper supplied
in the house.
by Smithies Delicatessen of Arbroath.
Mediation service team leader Bob Ballantine
Neighbour Mrs Pat Dobson, who nominated
the couple, has many examples of their good
said: “We were delighted to be able to present Scottish
these prizes to Dawn and Chris and Alistair
deeds, as she explained: “Since my husband
became severely disabled after a stroke in
and Helen. They are to be commended for all Mediation
October 2008, this young couple have done
the help they have given their neighbours and
have set an excellent example for us all.”
Register Survey
many things for us. Grass cutting, bins in and
The SMR was launched in September
2007 as a benchmark standard for
mediators across all spheres of
mediation. The Scottish Mediation
Network would like your help in
shaping the future of the Scottish
Mediation Register.

If you aren’t already on the Scottish


Mediation Register then we would
like your feedback, by clicking here
to completing this short survey.

We would like to thank those that


have already taken part and ask that
if you haven’t already, please take a
couple of minutes to help us better
serve the mediation community.

(from left) Bob Ballantine, Dundee and Angus Community Mediation; Pattie Smith, Smithies Delicatessen; Elizabeth Ferris,
who nominated the award winners; and Good Neighbour award winners Alistair and Helen Wylie with their Christmas hamper. back to index

FEBRUARY 2010 ISSUE 59 PAG E  W W W. SCOT T I S H M E D I AT I O N .O RG .U K


for people interested in mediation in Scotland M E D I AT I O N : I T ’ S YO U R S O L U T I O N

VIEWPOINT: Copenhagen Reflections


• that properly managed discussions, with VIEWPOINT RESPONSE
skilled facilitation where appropriate, are from John Sturrock
more likely to lead to success in complex
David Semple’s Viewpoint (‘What’s in a Name?’,
negotiations than a conference-style free-
December Collaborate) raises an important
for-all, however well intentioned, where the
issue. The use of ‘ADR’ synonymously with
principal purpose is to set out your position;
‘mediation’ is the cause of much confusion
• that skilled negotiation is difficult, especially and uncertainty. The term is still regularly
where there are vested interests, feelings used in policy and other circles in Scotland
of threat, secret meetings, positional power and elsewhere and it seems that sometimes
By John Sturrock plays and reluctance to take a lead in those who use it are themselves not quite sure
making concessions; what it means. David’s proposal that ADR
I was privileged to be in Copenhagen for the should henceforth be understood to mean
climate change conference in December • that positional bargaining with its tendency
“Appropriate Dispute Resolution” is attractive
last year, firstly, for the two-day conference to antagonism and polarisation will not
and rational. However, we live in an irrational
arranged by Mediators Beyond Borders and solve this global issue;
world and people have in their minds that ADR
the Nordic Mediators Group, and, secondly, means something particular rather than some-
• that finding sufficiently common global
to facilitate a day programme hosted by the thing comprehensive. It is certainly appropriate
interests to overcome national drivers is
Scottish Government to showcase its Low to do as David suggests and encourage folk to
a seriously challenging process and may
Carbon emission delivery plan. Both were look at the full range of options to help to find a
take years;
ambitious and rewarding but we know that solution to a given dispute, with clear guidance
the overall outcome of the conference was a • that mediation offers a critically important on the range of non-adversarial routes which
disappointment to most. set of skills which may yet help to break the are available and are often preferable. But
logjam. we should consign the expression ADR to
In the aftermath of a monumental event
the refuse bin of ambiguity and unhelpful
like this, it is easy to be dismissive of what The Accord which was agreed at the end of
language. We need clarity and simplicity. We
happened and of the failure to achieve even a the conference proposes that the host country
should all, mediators, administrators, users
limited binding agreement and either to give up of the next conference (Mexico) undertakes
and policy-makers, pledge in 2010 never to
hope - or to hope that things are not as bad as inclusive and transparent consultations in order
use the expression ADR again!
they seem anyway. to identify the most efficient negotiating process
for the success of the next conference. John Sturrock QC is the founder and Chief
None of these responses is likely to be
Executive of Core Solutions Group. He
appropriate. The climate situation is very serious This could be critical. If a more effective
received the Mediator of the Year award at
indeed. The conference brought that home to negotiating process can be utilised, the potential
the Law Awards of Scotland 2009 and has
many of us. The lives of hundreds of millions for a breakthrough will be much greater. There
mediated for over 10 years in a wide range of
of our fellow human beings are at risk. As is much for our global mediation community to
disputes and differences.
mediators, we learn to persevere, often against do to help influence that change.
all the odds. We also know that people find it
difficult to change, to break long-standing
habits and to employ new ways of dealing with Do you have a Viewpoint you would like
John Sturrock and Charlie Woods are presenting
difficult situations. Copenhagen teaches us to share with readers in a future edition of
a workshop at the 4th Scottish Mediation Con-
that what we see at the micro-level applies just Collaborate? Send your submission to:
ference on the topic of ‘Mediation and Climate
as much at the international level. What do we viewpoint@scottishmediation.org.uk.
Change: Can Mediation Save the Planet?’
learn from it? For any follow up details and reports on the For submission guidelines, please email Toni
conference, go to the conference website after on collaborate@scottishmediation.org.uk.
8 March 2010.
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FEBRUARY 2010 ISSUE 59 PAG E  W W W. SCOT T I S H M E D I AT I O N .O RG .U K


for people interested in mediation in Scotland M E D I AT I O N : I T ’ S YO U R S O L U T I O N

JOB OPPORTUNITY

TEMPOR ARY MEMBERSHIP Essential Skills • Demonstrate competence in managing


ADMINISTR ATOR (PART-TIME) • IT literate, specifically able to demonstrate: potential and actual problems, confusion
Scottish Mediation Network a competent level of use of all Microsoft and frustration regarding membership
Edinburgh office applications; accuracy in inputting renewal and applications.
data in accordance with the website
Overall Purpose of the Job For further information on the post, click here. If
content management system
To provide administrative support ensuring you would like to apply, please send a CV and
an effective transition to the new membership • Demonstrate experience of excellent covering letter by 5pm on Friday March 5 to
year commencing 1 April with the objective to communication skills and relationship Carol Paton carolp@scottishmediation.org.uk.
retain existing members and increase overall management; dealing with people by email, For further discussion about the post, contact
membership of the Scottish Mediation Network telephone and face-to-face in a helpful and David Adam admin@scottishmediation.org.uk
and Scottish Mediation Register constructive manner or 0131.556.1221.

TRAINING

Whole Stair/Multi Party Mediation in the group setting, facilitating an agreement, This half-day course explores the use of shuttle
5th March 2010 closing the mediation, and follow-up. mediation. It examines the purpose and uses
Edinburgh of shuttle mediation and gives participants
Cost: £90
the opportunity to practice effective shuttle
This course is for mediators who already have * * * * * * * * * techniques.
some mediation experience, but would like
Shuttle Mediation
to feel more confident about handling whole Cost: £45
4 March 2010
stair/multi party mediations.
Edinburgh To book a place or for more information on the
The course aims to: increase understanding above courses, please contact:
This course if for trained mediators and
of the dynamics of whole stair/multi party
participants will be able to: understand what Robert Lambden
mediations; offer techniques and strategies
shuttle mediation is and what situations/con- Scottish Community Mediation Centre
for successfully mediating whole stair/multi
texts it can best be used in; understand the Tel: 0131.624.9200
party mediations; and increase confidence in
strengths and weaknesses of this technique; Email: info@scmc.sacro.org.uk
managing whole stair/multi party mediations.
identify and avoid potential problems www.scmc.sacro.org.uk
The course will cover: preparing for the inherent in shuttle mediation; and practice
mediation, setting up the mediation, mediating conducting a shuttle mediation.

Workplace Mediation Skills This course will give you a flexible model for Costs: £390+VAT
Rowan Consultancy integrating mediation skills as part of your job,
15 & 22 March 2010 to prevent conflicts escalating. It will build on If you’d like to discuss the course with the
Perth, Scotland your existing self-awareness and communica- trainer, please contact Rowan Consultancy on
tion skills. You will be expected to be open 0173.856.2005.
The Rowan Mediation Skills training is for and to participate in small group exercises to
managers and HR professionals who would For online booking and details of course content
develop your mediation skills. see www.rowan-consultancy.co.uk .
like to develop their mediation skills.
The course is delivered by Rachel Weiss, Rowan Consultancy
• You will gain knowledge and skills to help
an active member of the Scottish Mediation 4 Kinnoull Street
you resolve conflicts at an early stage.
Network, who is on the Scottish Mediation Perth
• You will learn how to facilitate the two
Register. Each training group consists of 6 to PH1 5EN
disputants to create their own mutually
12 participants, so that everyone can take an
agreed win-win solution.
active part and gain feedback on their skills.
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FEBRUARY 2010 ISSUE 59 PAG E  W W W. SCOT T I S H M E D I AT I O N .O RG .U K


for people interested in mediation in Scotland M E D I AT I O N : I T ’ S YO U R S O L U T I O N

T R A I N I N G (c o n t i n u e d )

Mediation and Conflict Management Core’s highly valued mediation training Completion of Module 1 leads to Core’s
Skills Training Course has been well established since 2001. Our Certificate of Attendance at Mediation Training.
Core Solutions internationally recognised team of coaches, Successful completion of the optional Assess-
Module 1: 24 – 26 March & drawn from throughout the UK, is led by senior ment Module leads to the Core Certificate of
22 – 23 April 2010 mediators, John Sturrock, Pamela Lyall and Competence in Mediation Skills.
Heather Allen. Core is recognised by both the
Optional Mediator Assessment Module: To register online, or for further information,
Civil Mediation Council and the International
20 and 21 May 2010 contact:
Mediation Institute.
For decision-makers, business leaders, Laura Rutherford
professional advisers, managers, executives Focussing on negotiation and conflict man-
Core Solutions
and those in the private and public sectors agement techniques, along with hands-on
Rutland House, 19 Rutland Square
with responsibility for managing or resolving experience of each stage of the mediation
Edinburgh EH12BB
differences, disputes and conflict internally or process, with extensive one-to-one coaching
Tel: 0131.221.2520
externally.  and personal assessment.
Email: laura.rutherford@core-solutions.com
www.core-solutions.com

Expectations Feedback from previous course


Participants will hear from experienced peer Participants
mediation trainers. At the end of this two-day “The course was great! I like the mixture of
Peer Mediation Training for Trainers event they will be provided with the information the theory and the practice.”
Scottish Mediation Network required to deliver peer mediation training in “Can’t wait to get started feel more confident
25 & 26 March 2010 schools. Participants will be given access to to put ideas into practice.”
Edinburgh training materials, resources and information to “Great contacts, fun, enjoyable, awesome,
This two-day training event would be an help create a peer mediation training toolkit. eye opening and thought provoking.”
appropriate course for experienced family and “Fab, brain straining, but enthused me to use
Content
community mediators, experienced youth and the skills in my work.”
• Working in schools and within the school
community workers, teachers (primary and culture Cost: £100 total for two days training including
secondary) who are motivated to work with • History and background of peer mediation lunch, teas and coffees.
young people in this field. No previous experi- in Scotland
ence of delivering peer mediation is required. Group discount 3 or more participants: 10%
• The place of peer mediation in a whole
Mediators who have some experience of peer discount.
school approach to relationships
mediation are also welcome. • Setting up peer mediation: consultancy Limited places available, so book early to
Event Aims and preparation avoid disappointment! For further details and
• Equip participants with the knowledge and • Peer mediation models booking form, contact David Adam:admin@
skills to deliver peer mediation training. • Training children and young people: scottishmediation.org.uk or go to the Scottish
• Build training capacity and to increase guidelines, materials and golden rules Mediation Network website.
the number of peer mediation trainers in • Sustaining and maintaining peer mediation
Scotland. • Monitoring and evaluation
• Work towards the development of validation Principle Facilitators:
and standardisation of peer mediation Carol Hope and Toni Freitas
practice and training.

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FEBRUARY 2010 ISSUE 59 PAG E  W W W. SCOT T I S H M E D I AT I O N .O RG .U K


for people interested in mediation in Scotland M E D I AT I O N : I T ’ S YO U R S O L U T I O N

T R A I N I N G (c o n t i n u e d )

Supervision Skills for Mediators PMR Ltd are offering an accredited two-day For further information and a booking form:
PMR Ltd training OCN Certificate. Do you want to
Tel: 0162.677.6857
19 & 20 April 2010 supervise others mediators (from any mediation
Email: workplacemediation@googlemail.com
Central London (by Euston station) sector)? Then this is the training for you!
www.workplacemediation.co.uk
‘Mediators need good supervision. Good Cost: £750 (no VAT)
supervision supports best quality practice.’

International Summer School in and mediation. Topics include conflict theory; Costs: Student/voluntary sector: £599,
Mediation and Negotiation conflict and culture; mediation practice; professional: £999
University of Strathclyde communication skills; effective negotiation.
For further details and to download a flier, click
(in association with John)
The programme is taught, using a mix of here.
Marshall Law School
seminars, interactive learning and simulated
31 May to 4 June 2010
mediations, by leading academics and prac- If you have further questions, contact:
Glasgow
titioners from Scotland and the USA: Charlie Dr Bryan Clark, bryan.clark@strath.ac.uk
This one week intensive course is a unique Irvine, Dr Bryan Clark (Strathclyde) Prof Susann
opportunity for students from the UK and the McLachlan (John Marshall), with a keynote
USA to learn together and acquire new skills. address by John Sturrock QC. The course is
The course will examine the theories, methods, aimed at students and recent graduates in law.
techniques and objectives of legal negotiation

Master of Societal Conflicts for the organisation/institution and society as The application deadline is 6 April 2010. For
and Interventions a whole; work on or want to work on finding in-depth details, admissions requirements,
University of Copenhagen solutions to conflicts in order to strengthen the and how to apply for the course, click here
October 2010 to June 2012 societal and international community; work or download a brochure here.
Copenhagen, Denmark proactively on preventing conflicts on the so-
cietal level, e.g. between business enterprises, For further information contact:
The MoSCI programme is interdisciplinary NGOs and/or government institutions, nation-
and provides participants with both theoretical Vibeke Vindeløv, Professor, LLD
ally and internationally.
and practical skills. The programme gives vibeke.vindelov@jur.ku.dk
participants in depth understanding of The MoSCI programme is conducted by highly or Mette Møhl, Programme Coordinator
research-based theories concerning the qualified teachers and researchers from vari- mette.mohl@jur.ku.dk
causes of conflicts, conflict prevention, conflict ous countries. In addition to selected research- University of Copenhagen
handling and implementation of constructive ers from the University of Copenhagen, the Faculty of Law
processes of societal change in a national as teaching staff consists of highly qualified prac- Tel: +45 35 32 26 26
well as an international perspective. titioners and theorists from several disciplines.
Vibeke Vindeløv, Professor, LLD, CU Faculty
The MoSCI programme is designed for senior of Law, has the academic responsibility for the
professionals who, in their professional careers: programme.
deal with conflicts that are destructive or have
the potential to develop in a destructive way

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FEBRUARY 2010 ISSUE 59 PAG E  W W W. SCOT T I S H M E D I AT I O N .O RG .U K


for people interested in mediation in Scotland M E D I AT I O N : I T ’ S YO U R S O L U T I O N

EVENTS

Resilience Through Life • Disseminate the findings of the Knowledge Costs: This is a free event however there will
Scottish Social Networks Exchange be a late cancellation fee of £20 per person
(in partnership with Befriending Network • Consider support on resilience for practi- where places are cancelled less than two
Scotland, Scottish Mentoring Network & tioners delivering services working days in advance of the day, or where
The Rock Trust) • Examine projects where resilience theory a delegate fails to attend. Places can be
3 March 2010 is being used in practice with young people transferred by agreement with the organisers.
Stirling • Explore how resilience theory and practice
applies to the transitions faced throughout To apply for a place online go to
Resilience Through Life: An exploration of life. www.scottishsocialnetworks.org/events
theory and practice and how it applies to the
Experts from research and practice, lead or contact:
transitions faced throughout life.
by Professor Brigid Daniel, will share their
Natalie Barrett
Can resilience theory applied in practice experiences but your contribution to the debate
Scottish Social Networks
promote wellbeing for individuals experiencing is vital.
Email: info@scottishsocialnetworks.org
adversity? Can it provide support in transitions
Tel: 0131.557.4059
throughout life? This seminar seeks to:

Beyond Resolution: The Art and Skill Staying with Conflict: Working with Both workshops are presented by Bernie Mayer
of Conflict Engagement On-going Disputes PhD, Professor, Werner Institute of Negotiation
25 March 2010 26 March 2010 and Dispute Resolution, Creighton University,
and Partner at CDR Associates.
This workshop is aimed at practitioners who This Workshop is based on Bernard Mayer’s
are not familiar with Bernard Mayer’s work. new book Staying with Conflict. He writes: Costs: £120.00 each workshop or £180.00
Mayer writes: for both workshops.
“We think of conflict as a linear process
“The heart of our work as conflict professionals requiring effective resolution. But the most For more information and to book a place
lies in the challenge of helping people work important conflicts in people’s lives do not contact:
on conflict at the level that it has the most end; they endure in one form of another,
Institute of Family Therapy
meaning for them. Mediator, negotiators and sometimes for many years. This presents
London
other conflict professionals are often limited both a major challenge and a major challenge
www.ift.org.uk
by their understanding of their purpose, their and a major opportunity for ADR practitioners,
0207.391.9150
role, and their intervention procedures. But including mediators, advocates and systems
to realise the potential of our work as conflict designers.”
professionals, we have to be willing to delve
This workshop will look at the most significant
into the heart of conflict and to expand our
conflicts participants face and consider how to
concept to our role.”
intervene in them, working specifically on how
The workshop will look at practical ways in to reconstruct conflict narratives in ways that
which conflict professionals can explore the can be constructive for the further. The work-
nature of the conflict, design intervention shop will also explore the powerful tendencies
strategies and help people work on the emo- to avoid conflict which inadvertently exacerbate
tional, behavioural and cognitive dimensions it further, and seek ways to establish durable
of conflict. communication.

* * * * * * * * * back to index

If you would like this newsletter to be sent Scottish Mediation Network


to anyone else please contact us at: 18 York Place, Edinburgh, EH1 3EP
tel: 0131 556 1221
(If you would like your name to be removed from email: collaborate@scottishmediation.org.uk
the mailing list, please let us know.) website: www.scottishmediation.org.uk

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