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for people interested in mediation in Scotland

The Scottish Mediation Network has as

its purpose the promotion of mediation

of all forms in Scotland. We believe that

mediation is an underused option. SMNs

longer-term vision is to embed mediation

in to the way conflicts of all kinds are

resolved in Scotland.

JUNE 2010 ISSUE 60M E D I A T I O N : I T S Y O U R S O L U T I O N

I N S I D E TH I S I SSU E:

C U R R EN T EVEN TS/ C O MI N G SO O N

C O N TR I B U TE TO C O LLA B O R A TE

News from the Scottish Mediation Network, registered Scottish Charity Number SC034921

All change at SMN 0102

The Sound of One Hand Clapping:The Gill Reviews Faint Praise forMediation 02

The Dreaded Evaluation 03

EMNI Conference 03

Opportunity for Freelance PeerMediation Trainers 03

Training and Events 04 06

All change at SMNBy Margaret Lynch

THE SMN Board have approved a new

strategic plan which we want to take to the

members and ask for their endorsement

and support. It calls for some big changes

in the way we operate.

The Scottish Mediation Network has been

around in one form or another since the early

1990s, starting off as a small network and

expanding its core activities to include the

provision of cpd, advising and lobbying Gov-

ernment, and generally attempting to raise the

profile of mediation in Scotland.

Since the SMNs formation there have been

significant changes in the mediation world

beyond Scotland. The Clinton Administration

launched the ADR Pledge in the USA and this

led to dramatic changes in the way in which

disputes with Federal Government were re-

solved. Lisa Blomgren Bingham, an American

academic (who will be speaking at SMN on

July 5th) found that when ADR was used

$10,735 was saved in litigation expenses per

case, 88 hours of staff time were saved and

6 months of litigation time per case. Closer

to home, Lord Derry Irvine instituted the ADR

Pledge which has saved the UK Government

355.88 million according to reports issued

each year by the UK Ministry of Justice.

However it cannot have escaped anyones no-

tice that the promised f lourishing of mediation

in Scotland has not yet taken place.

What are the reasons for this reticence

when it comes to opting for mediation?

In all of the countries where mediation and

ADR is now used, the Executive and Judici-

ary were key drivers for change. One school

of thought suggests that when Derry Irvinewas introducing the ADR Pledge down south,

the view that we do things differently up

here prevented the Labour/Liberal Coalition

Government in Scotland from following suit.

The 2007 SNP manifesto contained a com-

mitment to setting up a Centre for Excellence

for International Dispute Resolution in Scot-

land - mainly in an attempt to secure some

of the 250 million market for cross border

international commercial dispute resolution

that currently goes to London some of

it from Scotland! However, it is hard to seehow you go to being a recognised Centre for

Excellence from a standing start most of us

would expect that there is a stage in between

where mediation and ADR is bedded down

firmly into the business culture first.

Lord Gill in his Review of the Civil Courts

gave mediation a good platform. He found

that it was a valuable complement to the

work of the courts and recommended that

the Scottish Government should considerestablishing a free mediation service for

claims which can be dealt with under a new

simplified procedure, and the establishment

of a mediation helpline.

Interestingly enough today, Scottish

politicians of all political persuasions are now

speaking up in favour of mediation and ADR.

Jim Mather, Minister for Enterprise, Energy

and Tourism held a seminar where influential

figures from across the private and publicsector were invited to contribute to the de-

bate. Fergus Ewing, Minister for Community

Safety has assured SMN of his support for

a Scottish Government ADR Pledge. SMN is

aware of support across the political spec-

trum at a fairly high level for mediation and

an ADR Pledge. But then again, economic

crises tend to concentrate the mind and if

large amounts of public sector savings are to

be found putting in place an ADR pledge

would seem to provide a win-win situation for

all.

(continued on page 02)

ADR: American Dispute Resolution; lessonsfor Scotland?Monday 5th July, 2pm - 4pm, 18 York Place,Edinburgh, EH1 3EP

Securing FundingMonday 12th July, 9.30am - 4pm, 18 York

Place, Edinburgh, EH1 3EP

Practical Tips for Tendering SuccessThursday 29th July, 9.30am - 4.30pm, 18York Place, Edinburgh, EH1 3EP

SMN publishes Collaborate monthly, and we

encourage you to contribute.

For submission guidelines contact Toni Freitas

at: [email protected].

The submission deadline for the next issue is:

Wednesday 21st July 2010.
http://www.scottishmediation.org.uk/events/event_details.asp?id=21http://www.scottishmediation.org.uk/events/event_details.asp?id=21http://www.scottishmediation.org.uk/events/event_details.asp?id=20http://www.scottishmediation.org.uk/events/event_details.asp?id=19mailto:[email protected]:[email protected]://www.scottishmediation.org.uk/events/event_details.asp?id=19http://www.scottishmediation.org.uk/events/event_details.asp?id=20http://www.scottishmediation.org.uk/events/event_details.asp?id=21http://www.scottishmediation.org.uk/events/event_details.asp?id=21


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ME DI AT I O N: I T S Y O UR S O LUTI O N

All change at SMN contd...So where do we go from here?

Firstly we need to reach beyond the media-

tion community and the usual suspects and

engage broad sections of Scottish public

opinion in the argument for better use of pub-

lic money requires better and more efficient

dispute resolution by Government.

Secondly we need to create opportunities

for large public and private sector organisa-

tions to learn more about mediation and the

benefits that it could bring to their sector orbusiness.

Thirdly as a Network we need to be less

dependent on Government for funding this

inhibits our ability to be a critical friend to

Government Ministers. He who pays the piper

may not call all the tunes, but there is a degree

to which he may influence the play list.

Our strategic objectives for 2010/12 are:-

To expand the market for mediation/ ADR

in Scotland

To improve the quality assurance of media-

tion/ADR in Scotland

To increase the membership and engage

them in the delivery of the strategic plan

To increase the profile of mediation and ADR

and the network by undertaking lobbying,

advocacy and marketing.

Our Operational Objectives for 2010/12

are:-

To move towards sustainability of the

network by diversifying our source of funding

and generating income from the provision of

goods and services related to mediation and

ADR

To clarify and improve the SMN brand to

support the profiling and marketing activity ofthe network.

We are holding a half day consultation

workshop for members on Thursday 8th

July in the Gillis Centre, Strathearn Road,

Edinburgh. We would like to get feedback

from our members on the Strategic Plan and

we would like to get advice and guidance from

our members on how best to deliver it.

The other major issue we wanted to bring toour members was the proposed name change

from Scottish Mediation Networkto Conflict

Resolution Scotland. All members will have a

chance to vote on this at an EGM later in the

summer but we want to run it past people

first before we go ahead.

The Sound of One Hand Clapping: The GillReviews Faint Praise for MediationBy Charlie Irvine

The long-awaited Report of the Scottish

Civil Courts Review, chaired by Lord Gill, was

published in October 2009. The array of ills

it seeks to remedy is forcefully expressed: the

service to the public is slow, inefficient and

expensive, procedures antiquated and rem-edies inadequate. Public confidence is so

low that some businesses enter into contracts

specifying English jurisdiction (perhaps the

worst rebuke conceivable to Scot tish lawyers).

The case is thus made for radical change.

And change there is. The creation of a third

tier of civil judiciary, the significant raising of

the lower financial limit for Court of Session

litigation and two new courts (a sheriff appeal

court and a national personal injuries court)are concrete attempts to improve the perform-

ance of the civil court system. But what of

alternatives to litigation? Neutral onlookers

may have anticipated a significant role for

alternative dispute resolution (ADR) for three

reasons:

the Reviews remit required it to have

regard to the role of mediation and other

methods of dispute resolution in relation to

court process;

in response to similar conditions in

England and Wales, the Woolf Report and

subsequent Civil Procedure Rules (CPR)

placed mediation at the heart of reform of the

civil justice system;

The Business Experts and Law Forum

(BELF) Report of November 2008 recom-mended that the courts incorporate con-

sideration of mediation into standard case

management processes.

This note examines the means available to

civil justice systems to encourage the use of

mediation; describes what the Review actu-

ally recommends; and hypothesises about the

reasons for this choice.

Read article in full here.

article available in full on

www.scottishmediation.org.uk

This article was published in the January 2010 issue of

the Edinburgh Law Review and is reproduced with kind

permission.
http://www.scottishmediation.org.uk/resources/article.asp?id=135http://www.scottishmediation.org.uk/index.asphttp://www.scottishmediation.org.uk/index.asphttp://www.scottishmediation.org.uk/resources/article.asp?id=135


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ME DI AT I O N: I T S Y O UR S O LUTI O N

The Dreaded EvaluationBy Liz Law

www.lizlawmediation.co.uk

I am one of those people who will always

go to the workshops or training sessions on

evaluation. Of evaluation, I often think I know

I should but how? Indeed, I do evaluate my

work both through sending out questionnaires,

encouraging feedback through the process

and I have, on occasion, used the online

survey tool, Survey Monkey.

As a sole trader you can imagine the dispro-portionate amount of time it seems to take. As

a result I was a delighted to hear David Adam

talk about evaluation in a proportionate way

and simplify the dreaded e-word during his

workshop at the SMN conference in February

2010.

To my relief the time I take to carry out evalu-

ation was also justified during the last plenary

session at the SMN Conference. One Panel

Member from BT, one Local Authority Funderand one Scottish Government Official all joy-

ously sang from the same song-sheet when it

came to evaluation. In order to fund, we need

evaluations, we need case studies. The days

of accepting mediation at face value are over.

With the debilitating cuts in public spending

ahead we must prove we are as good and

effective as we believe we are. And if we do

not always get that perfect outcome through

one mediation what is it we are doing, what

change is emerging, and how do we contribute

to justice in its multiple forms in Scotland.

I use evaluation to improve my own practice

and work out whether I am competitive and

answer questions from commissioners of

mediation. It is basic when I come to think

of it - so no more workshops or trainings on

evaluation for me! I am just going to evaluate

in two ways: for myself and for the integrity

of mediation in Scotland through the ScottishMediation Network.

Incidentally, you will be pleased to know that

the Initiative Group on the Academic Study of

Mediation is currently working on an evalua-

tion model to include a simple way in which

all providers of mediation in Scotland can

contribute.

To be placed on the mailing list for the

Academic Study Initiative Group please [email protected].

EMNIConferenceSMN board member, David Semple recently

attended the EMNI (European Mediation

Network Initiative) Conference in Paris in May

2010 at which he presented a workshop along

with Rachel Wohl of the Maryland Conflict

Resolution Office (MACRO) and Mary Harrow

of the New Zealand Dispute Resolution Serv-ices. The topic discussed was A tale of three

countries, including collaboration between

Maryland and Scotland.

38 countries from around the world were

represented at the conference, entitled Me-

diation and Civil Society in Europe, Towards

a New Mindset..

Opportunity for FreelancePeer Mediation TrainersThe Scottish Mediation Network wishes to

recruit a team of locally based freelance peer

mediation trainers to deliver a series of con-

tinuing professional development sessions to

young peer mediators in schools.

A series of eight different sessions have been

devised by the Peer Mediation Development

Officer of the Network.

The target areas are

Fife

Glasgow

Inverness

North Lanarkshire

Falkrik

The trainers will be invited to attend a free

one day training event before delivering the

materials to local schools.

It is hoped that this work will commence at

the start of the school term in August and be

completed by the end of December. With an

hourly rate of 30 plus travel expenses which

will be paid for all work in schools.

For more information contact Carol Hope

Peer Mediation Development Officer carol@

scottishmediation.org.uk

Closing date for applications is 12 noon on

Friday 16th of July 2010

Interviews will be held on Tuesday 27th of July

2010

All appointments are subject to enhanced

disclosure check.

Download the job pack here.
http://www.lizlawmediation.co.uk/mailto:[email protected]://www.scottishmediation.org.uk/news/article.asp?id=136&title=Opportunity+for+Freelance+Peer+Mediation+Trainershttp://www.scottishmediation.org.uk/news/article.asp?id=136&title=Opportunity+for+Freelance+Peer+Mediation+Trainersmailto:[email protected]://www.lizlawmediation.co.uk/


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for people interested in mediation in Scotland ME DI AT I O N: I T S Y O UR S O LUTI O N

S M N T R A I N I N G & E V E N T S

ADR: American Dispute Resolution;

lessons for Scotland?SMN

Monday 5 July 2010

2pm - 4pm

18 York Place, Edinburgh, EH1 EP

Continuing with SMNs series of succesful

American speakers, we are pleased to

invite Prof. Lisa Blomgren Bingham (Indiana

University) and Dr. Bryan Clark (University of

Strathclyde) to Edinburgh.

Prof. Bingham will be speaking about her re-

search into the US Justice Departments earlyuse of ADR and the american experience of

mediation generally.

Dr Clark will be providing a Scottish com-

parison, identifying the use of mediation

in Scotland at present and past and future

developments.

There will be opportunity for questions and

open discussion.

This event is free for all to at tend.

Please reserve a place by emailing

[email protected]

more information is available on


Securing Funding

SMN

Monday 12 July 2010

9.0am - 4pm


Delivered by Susan Robinson FinstF (Li-

censed by the Institute of Fundraising)

Course Content: This interactive workshop

will focus on the dos and donts of seeking

funds from grant-making trusts and founda-

tions. Beginning with an overview of the sec-

tor; identifying the right funder; completing the

application; and then the follow-up. There will

be opportunities to ask questions and to share

experiences.

Susan Robinson is Licensed by the Institute

of Fundraising to work throughout the UK as

a Trainer and Assessor for their Certificate

In Fundraising Management; she also trains

on their government-funded Tax-effective

Giving programme. With over 20 years

experience of working in Scotland, Sue has

built up a wide knowledge of the fundraising

and grant-making sector here.

Costs;

90 for members

180 for non-members

Anyone interested in attending this event

should contact Martin Gribbon on 0131 556

1221 or email [email protected].

uk



Practical Tips for Tendering Success

Thursday 29th July 2010

9.0am - 4.0pm


Delivered by Bryan Leslie (Edinburgh Cham-ber of Commerce)

A step by step outline of tendering procedures

and successful bid submission

Course content:

How to assess specific tendering

opportunities in relation to your business

How to meet the evaluation criteria in

relation to your business

How to structure a competitive tender

and set yourself apart from your

competitors

How to develop winning tender/bid

strategies

How to write clear, concise and persuasive proposals

How to create a template of information

for future bids

How to create a task list of actions

required after bid submission

Asking questions and clarifying whats

required

Action planning

Costs:

90 for members

180 for non-members

Anyone interested in attending this event

should contact Martin Gribbon on 0131 5561221 or email [email protected].

uk



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T R A I N I N G & E V E N T S

International Summer School in Media-

tion and NegotiationUniversity of Strathclyde in association

with John Marshall Law School, Chicago

Monday 1 May to Friday 4 June

University of Strathclyde Law School

This one week intensive course is a unique

opportunity for students from the UK and

the USA to learn together and acquire new

skills. The course will examine the theories,

methods, techniques and objectives of legal

negotiation and mediation. Topics include

conflict theory; conflict and culture; media-tion practice; communication skills; effective

negotiation.

The programme is taught, using a mix of

seminars, interactive learning and simulated

mediations, by leading academics and prac-

titioners from Scotland and the USA: Charlie

Irvine, Dr Bryan Clark (Strathclyde) Prof

Susann McLachlan (John Marshall), with a

keynote address by John Sturrock QC.

The course is aimed at students and recent

graduates in law.

Costs:

Student/voluntary sector: 599

Professional: 999

Contact Dr Bryan Clark

[email protected]

Postgraduate Certificate in Mediation and

Conflict Resolution

The Law School, University of Strathclyde

September 2010 - May 2011 (2 semesters)

The Law School

The Lord Hope Building

St James Road

Glasgow G4 0LT

This innovative course will be the first gradu-

ate level programme in Scotland designed

to meet the growing academic needs of the

mediation community. It combines theoreti-

cal and practical elements to provide both a

thorough academic grounding for those new

to mediation and an opportunity for critical

reflection and further development for expe-

rienced practitioners. The course is offered

on a part-time basis over two semesters

(September 2010 - May 2001). The two core

modules (Theory and Principles of Conflict

Resolution and Mediation in Practice) will be

taught in the first semester, with the elective(Mediation and the Law or Negotiation) in the

second. Classes consist of 10 x 2-hourly

seminars in each semester plus two intensive

weekends in the first semester for Mediation

in Practice. Assessment methods include

written assignments, observed practice and

a reflective journal. It is anticipated that this

course shall be a forerunner to a Postgradu-

ate Diploma/MSc/LLM which shall be rolled in

out in future years.

The course is taught by Charlie Irvine and Dr

Bryan Clark, along with visiting lecturers to be

announced.

Costs: 2,365 for full academic year

Contact Dr Bryan Clark

[email protected]

Dialogue At The Edge with Peter Birch

Weekends:

20-2 August 2010 & 22-25 October 2010

Weeks: 12-18 September 2010

Alhama de Granada, Andalucia, Spain

These one-week or four-day courses are set

in and around the El Tajo gorge in Alhama de

Granada, the final bastion of the Moors when

the Christians conquered Andalucia in 1492.

Developing Peter Birchs workshops on Dia-

logue and the Art of Status-play at this years

Scottish Mediation Network conference the

programme includes:

An exploration of archetypal links of Dialoguewith elements of earth air fire and water and

how such links might strengthen the personal

presence of facilitators and mediators. This is

woven in with skills for effective advocacy and

inquiry, the cornerstones of Dialogue, as well

as with innovative mediation skills for working

with individuals and teams. Each day of the

workshop brings a new theme and emphasis,

from bodywork and earth in order to ground

ourselves for the challenges of managing

disputes in any context, to the inspiration

of air and clear vision for the tasks ahead.

Workshops are for people wishing to achieve

greater depth in communication skills for

dealing with dispute resolution at both team

and individual levels. And this in the land ofcorazon- the heart of flamenco in a place

rich in history and presence that is literally on

the edge.

Costs: 450 for weekends, 650 for full

weeks. Early bird discount of 15% up to 6weeks before the event.

Fees include workshop, accommodation in

charming casa rurals, transfer from airports

and/or rail station, all meals at accommoda-

tion.

For information contact:

Peter Birch

Tel: 07810 104099

Email: [email protected]

www.thetalkingedge.com

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T R A I N I N G & E V E N T S

The Mediation Supervisor

CMP Resolutions Centre, Royston, Herts12-14 July & 7 September 2010

At CMP Resolutions we recognise the crucial,

complex role of the Mediation Supervisor.

Our course explores the multi functional

nature of this position; from supporting media-

tors to grow and develop through reflection on

experience, to taking organisational respon-

sibility ensuring the delivery of high quality,

consistent practice.

This unique ILM endorsed training pro-

gramme explores leadership approaches anddevelops coaching skills to meet the needs

of supervisees. At the same time it outlines

the basis of a quality f ramework and the tools

required to implement this. Our Supervision

Model, developed by Head of Mediation, Les-

ley Allport, has its roots in empirical research

and teaches

Supervisors to achieve a synergetic balance

between the requirements of the service

and the principles of mediation practice.

Cost: from 1400+VAT

Deborah Casey

CMP resolutions

Tel: 0844 504 8874


Mediation Skills Training

Conflict resolution and mediation skills

for HR and managers

Rowan Consultancy

Perth

20 and 27 September 2010 , 10am -4pm

The Rowan Mediation Skills training helps

you develop your mediation skills.

You will gain knowledge and skills to help

you resolve conflicts at an early stage

You will learn how to facilitate the two dis-

putants to create their own mutually agreed

win-win solution

The 2008 Employment Act and ACAS code

recommend mediation for early dispute

resolution. Organisations need staff with

mediation skills to help prevent disputes

escalating. It is more cost-effective to invest

in mediation than in expensive grievance,

disciplinary procedures or industrial tribu-

nals.

First class! Informal, friendly tutors with

a sound base of skills, knowledge and

understanding of the subject matter

Calum Bruce, Fife Fire and Rescue

Very useful skills and techniques for facilitating

meetings. Good practical advice which can be

used on a day-to-day basis, not just in mediation

meetings. I thoroughly enjoyed the two days.

Louise Watson, HR, University of St Andrews

Costs: 395+VAT

Further information on any of our courses can

be found on our website:

www.rowan-consultancy.co.uk

Mediation and Conflict Management

Skills Training Course

Core Solutions

Module 1: 15 17 September and 7 - 8October 2010: CPD up to 40 hours

Optional Mediator Assessment Module:

4 5 November 2010: CPD up to 20 hours

I found the Core mediation and

conflict management skills training to

be the most intensive and rewarding

experience I have ever participated in

This course is for anyone who has to deal with

difficult situations, disputes or decisions.

Getting to the heart of a problem

Breaking deadlock Bringing polarised parties to the table

Developing options for mutually accept

able solutions

Developing really effective negotiation

skills

Thinking the unthinkable

Helping to find innovative outcomes

Working with difficult colleagues and

contractors

Using a process which works across all

sectors and interests

Laura Rutherford:

Core Solutions

Rutland House, 19 Rutland Square

Edinburgh EH12BB

Tel: 0131 221 2520


www.core-solutions.com

If you would like this newsletter to be sentto anyone else please contact us at:

(If you would like your name to be removed from

the mailing list, please let us know.)

Scottish Mediation Network18 York Place, Edinburgh, EH1 3EPtel: 0131 556 1221email: [email protected]: www.scottishmediation.org.uk
mailto:[email protected]://www.rowan-consultancy.co.uk/mailto:[email protected]://www.core-solutions.com/http://www.core-solutions.com/mailto:[email protected]://www.rowan-consultancy.co.uk/mailto:[email protected]

june collaborate 2010

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