The Black Box of Mediation – Can it be Broken Open?

Probably the best thing about mediation is its confidentiality. The hope is that both parties will feel comfortable and secure enough to be as frank as possible and to disclose as much as possible. From a legal point of view the law protects what is discussed in mediation using two approaches: confidentiality without prejudice privilege

Mediation in the Raw-Dissection after the Event

A commercial mediation presentation at Rooney Nimmo solicitors in Edinburgh on 6 December 2018. I was very pleased to be invited by John Nimmo, Founding Partner at Rooney Nimmo solicitors to deliver a presentation on the practicalities of commercial mediation. This came after my involvement with a number of solicitors from the firm in a

Blind folded Themis statue holding he scales of justice

Justice committee report mediation legislation

In January this year I wrote ‘Should Scotland have a Mediation Act? The Irish Experience.’  This was published in Scottish Legal News and in the online edition of the Law Society of Scotland Journal. In February I made my own submission to the Justice committee’s consideration of ADR with regard to mediation. In April I

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Third Sector Mediation provided by Scottish Mediation

I was delighted to take part in a CPD course provided by May Millward, project officer of Scottish Mediation (SM) which is the professional body for mediation in Scotland, on 11 September 2018, the aim of which was to disseminate information about, and knowledge of, the Third Sector Mediation Project (TSMP) provided to all third