The Better Conflicts Audio Experience

CEDR Mediator Eve Pienaar discusses trusts, wills & probate mediation# Video Contents: 00:00 - Intro 00:19 - Very often there is a significant imbalance in power 00:47 - An example of a trust, wills and probate case 01:06 - A difficult situation for one of the deceased's children 01:29 - How did the mediator break the deadlock? 01:57 - The mediation resulted in the restoration of a relationship #trusts #trustsexplained #wills #willsexplained For more information: https://www.cedr.com/commercial/trusts-wills-probate-mediation/ © 2024 CEDR Limited - All rights reserved

CEDR Mediator Nick Pearson discusses an insolvency case he was involved with. Audio Contents: 00:00 - Mediation is successful in this field because insolvency practitioners, office holders, liquidators and the like - they don't want to go to court. 00:38 - Insolvency practitioners are very sceptical by nature, but they are also flexible and open minded. 00:52 - Directors being sued for preferential payments and misfeasance. 01:07 - Director hadn't give a reason as to why he wasn't going to be liable financially 01:22 - The mediator tells the director you have to explain yourself and he produces a lot of new material that hasn't been seen before. 02:02 - The director provides evidence showing his inability to pay. #cedr #disputeresolution #dispute For more information, contact CEDR: www.cedr.com © 2023 CEDR Limited - All rights reserved

CEDR Mediator Tony Allen discusses how mediation and the NHS Resolution Scheme can help to restore relations and trust with patients and claimants. Video Contents: 00:00 - People are afraid to be ill again because they've stirred the pot 00:13 - Rebuilding a relationship 00:23 - Acknowledging that someone who has been let down, has a voice and the right to be heard 00:33 - Making sure that steps have taken place to ensure there is no repeat and that lessons have been learned #cedr #mediation #clinical #medical

Watch the video here: https://youtu.be/Anbhh0gyasQ

CEDR Mediator Fiona Colquhoun discusses a commercial mediation case with an independent company that was contracted to provide a number of services at a value of £12 million. Video Contents: 00:00 - Intro 00:16 - The company buying the services decides to terminate the contract 00:34 - There was a very poor relationship between the respective lawyers 01:12 - How did the mediator make an initial breakthrough? 01:34 - The parties worked better without their lawyers 02:21 - Dealing with the parties in the dispute directly 02:48 - Those with the authority get involved in the discussion #cedr #disputeresolution # lawyers

CEDR Mediator Heather Allen discusses how to run a joint session. Video Contents: 00:00 - Intro 00:18 - The defendants are usually very flexible on the question of joint meetings and are often guided by the claimant 00:53 - Joint sessions makes sense from a practical point of view 01:23 - Discussing with the advisors about a brief introductory meeting 01:38 - Working with a party that's new to mediation To find out more information, visit www.cedr.com

To watch a video from this podcast, visit here: https://youtu.be/P-yl2xCFG7U

Two senior executives in a national organisation who couldn’t speak to each other. The task faced by CEDR Mediator Neil Goodrum in this workplace mediation. Discover the steps taken to resolve this dispute: 💡 Facilitating dialogue through the mediator 💡 Bringing the parties together into the same room 💡 Setting out processes to enable collaborative working in the future 💡 Putting a periodic review structure in place

00:00 - Intro 00:12 - A large farm holding has parcelled out it's land 00:25 - One of the parties does not want their right of way to be used 00:42 - The legal arguments were explored over the course of multiple joint sessions 00:54 - The preparation for a property mediation 01:14 - Having a neutral third party allows the parties to vent and see the matter in a pragmatic way

View a video of the case study here: https://youtu.be/yofzuoMKoKc #cedr #mediation #property #building #disputes

In this podcast, we look at the question of how people can have conversations about politically sensitive and highly emotive topics. 

CEDR’s Frederick Way, and Susanne Schuler are joined by Jess Brandler, the MD of Solutions Not Sides, an educational charity working with young people to talk about the Israel-Palestine conflict, to understand the methods that they use and how these frameworks can be adapted.

Susanne Schuler, director of training and consultancy at CEDR, answers your questions posed during a recent psychological safety webinar.

Including:

• How do cultural differences impact what people view as rude, acceptable in teams, and how does this impact psychological safety?
• How do you work with a colleague who is good at their job but who expresses extreme personal views you find abhorrent?
• How to address instances of hepeating?
• How to work on creating psychological safety in a predominantly remote team?
• What is the link between psychological safety and diversity and inclusion? Is one a prerequisite for the other?

For more in information on psychological safety please contact CEDR: www.CEDR.com

CEDR Mediator Nick Pearson gives expert advice on how to navigate cross-border disputes. Video Contents: 00:00 - The importance of having senior individuals at a mediation 00:16 - An American company is suing a Scandinavian corporation 00:22 - The parties wanted to maintain their working relationship 00:48 - Devising a solution 01:44 - The structure of the deal and a plan for the future emerges 02:15 - Keeping the mediation on track #cedr #disputeresolution #dispute Watch a video of this podcast here: https://youtu.be/ALrSGvc0YyY

CEDR Mediator Tony Allen give expert advice on how to navigate clinical negligence cases. Video Contents: 00:00 - The importance of having senior individuals at a mediation 00:22 - A senior manager from the trust attends the mediation and the family is struck by this 00:49 - The cathartic nature of clinical negligence cases is highlighted 01:14 - How the negotiation process started 01:30 - A different negotiation strategy is suggested by the mediator #cedr #mediation #clinical #medical Ton find out more about the case, visit https://youtu.be/B5_oBsqwbJ4

CEDR Mediator Felicity Steadman details a commercial mediation cases involving a restaurant franchisor and franchisee. Video Contents: 00:00 - The challenge in the case and how to arrive at acceptable discharge and release terms. 00:20 - Overview of the dispute. Restaurant franchisor and franchisee 00:29 - Franchisor alleges unethical behaviour on the part of the franchisee 00:53 - The franchisee was also behind on payments 00:57 - The value of the claim and the franchisors demands 01:20 - How to achieve a solution 01:52 - Participant feedback on the mediator 02:28 - New learnings for the mediator #cedr #restaurant #disputes #mediation

CEDR Mediator Fiona Colquhoun discusses Power Imbalances and Fostering Participant Equity in a Transgender Policy Mediation: Video Contents: 00:00 - Identifying a potential power imbalance 00:21 - A multi-national implements a new set of transgender policies 00:41 - A parent of a young child challenges the organisations new policies 00:56 - Identifying the issue the parent/s had with the new policies 01:24 - Moving towards a solution 01:26 - Asking two or three people to be present and conduct joint sessions 01:41 - The authority for policies rested with the board of trustees, and they all wanted to be involved in some way in the mediation 02:00 - Everybody participated but not at the same time, this ensured it wasn't a one sided mediation 02:16 - A full agreement on the new policies was reached after four months of discussions #cedr #mediation #charity #disputes #LGTBQ

Contents: 00:00 - Intro 00:07 - The claimant was unable to bring the claim because they had gone insolvent 00:18 - Big residential construction dispute in London 00:24 - Three adjudications already carried out on extensions of time 00:30 - The individuals had already racked up hundreds of thousands of pounds in legal disputes and were seeking a claim of over £2million 00:45 - Getting to the solution 00:51 - Exploring the final accounts and looking at how the parties had parted ways 01:02 - The way to move past was to have numerous joint sessions 01:12 - Using a screen to display the final account so both parties could decide where they could see some potential movements and concessions 01:20 - They didn't settle on the day because they had unrealistic expectations going into the day, but because of the joint sessions, they were able to settle soon after with the help of the mediator #cedr #mediation #construction #building #disputes

CEDR Mediator Neil Goodrum discusses workplace mediations in the banking and finance sector. Contents: 00:00 - Intro 00:12 - Overview of the case 00:28 - Why the case was taking place 01:16 - Neither side wanted to make an offer 01:32 - How to move parties towards a solution 02:12 - Finding a different framework 03:00 - Employment is about peoples identity 03:38 - Reaching a resolution #cedr #mediation #finance #banking

CEDR Mediator Nick Pearson discusses a mediation he conducted between a bank and an organisation in the Middle East - and how it is key in such mediations to have senior individuals present. Contents: 00:00 - Intro 00:15 - During a financial crisis, a bank aggressively demanded payment from an organisation in the Middle East 00:42 - The head of the organisation sued the bank claiming misrepresentation 00:58 - Mediation took place in London 01:15 - Insisting that someone senior from the bank should be present 01:35 - The bank sent a senior person 01:50 - Discussing the ongoing issues 02:17 - Making sure the right parties were present was the key to resolving the deadlock #cedr #mediation #finance #banking

2023 marks the tenth occasion in which CEDR has released its biennial audit of the United Kingdom Commercial Mediation marketplace.

For 20 years it has tracked the development of commercial mediation in the UK as well as identifying key trends, challenges and possible solutions to issues.

Its importance stretches far beyond the UK and is used internationally as both a source of inspiration and a north star for the development of mediation.

Authored by Graham Massie, it is run each year in partnership with the Civil Mediation Council and this iteration is based on the responses of 328 commercial mediators.

This podcast summarises the key findings you need to know about Commercial Mediation in the United Kingdom.

"The secret to change is to focus all of your energy not on fighting the old, but on building the new." - Socrates

In this 3 part podcast series, you will learn how mediators can and should play a key role in facilitating a just transition to Net Zero.

When talking about responsible investment we need to consider both environmental and social project impacts including continuous assessment and management oversight and to engage with local stakeholders in all phases of the project.

ESG is a serious business case and impossible to manoeuvre without a sophisticated and inclusive negotiation process.

Part 3 Just Transition – Key to Success

Mediation can help enable a just transition and ensure that social and economic changes happen peacefully, bringing together people, communities, corporations, civil society and governmental actors.

This podcast series features:

- Elise Groulx Diggs, Barrister, Solicitor & Mediator

- Sussane Schuler, Director of Training & Consultancy at CEDR

"The secret to change is to focus all of your energy not on fighting the old, but on building the new." - Socrates

In this 3 part podcast series, you will learn how mediators can and should play a key role in facilitating a just transition to Net Zero.

When talking about responsible investment we need to consider both environmental and social project impacts including continuous assessment and management oversight, and to engage with local stakeholders in all phases of the project.

ESG, is a serious business case and impossible to manoeuvre without a sophisticated and inclusive negotiation process.

Part 2 Showing all the Facets – Mediation Enables a Guided Negotiation Process

Social license/ legal licence= engagement/ prevention

As we dismantle the Global Fossil Fuel Industry (GFF Ecosystem) there will be losers and winners and this is where mediators can play an essential role in building consensus.

This podcast series features:

- Elise Groulx Diggs, Barrister, Solicitor & Mediator

- Sussane Schuler, Director of Training & Consultancy at CEDR

"The secret to change is to focus all of your energy not on fighting the old, but on building the new." - Socrates

In this 3 part podcast series you will learn how mediators can and should play a key role in facilitating a just transition to Net Zero.

When talking about responsible investment we need to consider both environmental and social project impacts including continuous assessment and management oversight, and to engage with local stakeholders in all phases of the project.

ESG, is a serious business case and impossible to manoeuvre without a sophisticated and inclusive negotiation process.

Part 1 Setting the Scene - Climate Risk Mapping

Mapping the risk

In this first part you learn about the challenges to build a social contract and the need to achieve a “Social License” through the value of true consent.

This podcast series features:

- Elise Groulx Diggs, Barrister, Solicitor & Mediator

- Sussane Schuler, Director of Training & Consultancy at CEDR

In this episode of Ask a Negotiator, podcast regulars Philip and Ben spoke to Dr. Martin Klimmek, Head of Digital Development and Operations at Siemens Mobility UK. Having undergone negotiation training with Philip, Martin shares his experience of this, why he sought out a coach and the impact it has had on him.

Drawing on challenges and opportunities around digital transformation in the Rolling Stocks Industry, Martin, Philip and Ben also explore:

• Stakeholder engagement 
• Creating an interface between data and people and bringing these two together
• Developing buy-in for projects
• Active Listening skills

Thank you to Martin for being our first external guest on the podcast and for providing such a rich and engaging discussion.

In this podcast, we revisit the purpose of the #askanegotiator series - to encourage you, the listener, to improve your competence as a negotiator.

To this end, we explore how we improve competence in anything but particularly negotiation.

It wouldn't be an #askanegotiator episode without Philip Williams sharing a practical tip for the listeners to try in their everyday life. In this episode, the tip is 'Something Else'. Listen to find out what it entails.

Philip Williams is a former Hostage & Crisis Negotiator with the Metropolitan Police and UK Government and CEDR's lead negotiation trainer.

If you would like to submit a negotiation challenge or question for Philip to tackle, email the podcast host Ben at bthomson@cedr.com. 

There is an increasing trend towards leaders developing and deploying the skills of a Mediator. 

Whether this is chairing and facilitating meetings, engaging with stakeholders, having difficult conversations or designing processes, these inherent skills of a Mediator are incredibly valuable for those in leadership roles.

As part of his Leadership Series, James South (CEO, CEDR) spoke to Julie Mangan, CEDR-Accredited Mediator and Company Secretary of Capgemini UK.

The podcast explores key mediation leadership skills and practical examples of where they have made a difference in securing better and more sustainable outcomes.

Episode 2: The Journey of Consumer ADR

Frederick Way, Head of CEDR Foundation speaks with John Munton, Director of Dispute Resolution Services at CEDR, and Tom Earley, Principal Adjudicator at CEDR.

Dispute Resolution in Consumer Law is a vast and developing field.  The CEDR Foundation thought leadership series ‘Understanding Consumer Disputes’ aims to explore the developing landscape to understand the latest trends and best practice.  The series will look with experts at topics about the complaints themselves, how to build consumer trust, accessibility and vulnerability and the law.

In Episode 2 The Journey of Consumer ADR, consumer experts John Munton and Tom Earley discuss with Frederick Way their experiences of building a consumer dispute resolution department and the lessons learnt along the way.  This episode focuses on how consumer alternative dispute resolution schemes are developed, the considerations that industries need to give when setting up a consumer scheme and the practicalities of running consumer schemes dealing with hundreds of thousands of cases a year.

This podcast series is part of CEDR’s not-for-profit Foundation activity which undertakes cutting edge alternative dispute resolution research and innovation as well as addressing key issues facing wider society.

Following the publication of the Civil Justice Council's report on Mandatory Mediation, Lauren McGuirl (Director of Commercial Disputes, CEDR) and Tony Allen (CEDR Mediator & Lawyer) look at the Civil Mediation Council's (CMC) response as well as the wider issue of Mandatory Mediation.

The podcast explores:

• A summary of the report and the response from the CMC
• The wider issue of Mandatory Mediation
• The key issues surrounding Mandatory Mediation
• How will Mandatory Mediation be deployed in specific sectors 

Episode 1:  When Consumers Complain: How consumers make effective complaints

Frederick Way, Head of CEDR Foundation speaks with Pablo Cortes, Professor of Law with expertise in Dispute Resolution and Consumer Law at the University of Leicester, and Nina Kelley, Quality Assurance Manager at CEDR.

Dispute Resolution in Consumer Law is a vast and developing field.  The CEDR Foundation thought leadership series ‘Understanding Consumer Disputes’ aims to explore the developing landscape to understand the latest trends and best practice.  The series will look with experts at topics about the complaints themselves, how to build consumer trust, accessibility and vulnerability and the law.

In Episode 1 When Consumers Complain: How consumers make effective complaints, Frederick Way, is joined in conversation by two practitioners in the field of consumer disputes Professor Pablo Cortes and Nina Kelley. In this episode, they explore the consumer complaints process and their relationship with the dispute resolution landscape, the practicalities of complaining and they look at what the future of consumer complaints could look like.

• Professor Pablo Cortes has a chair in Civil Justice at Leicester Law School where he teaches and conducts research in the field of dispute resolution, civil procedure and consumer law. He regularly acts as an independent adjudicator or arbitrator for a variety of civil disputes, including aviation, water, telecommunications, landlord-and-tenant, and domain names.
• Nina Kelley joined CEDR in 2016 and has worked in the Consumer team and as a Client Advisor on the Commercial Team.  She is currently the Quality Assurance Manager heading the team of Quality Assurance Adjudicators at CEDR and is jointly responsible for over 25,000 consumer cases and 10,000 consumer Adjudications annually.

This podcast series is part of CEDR’s not-for-profit Foundation activity which undertakes cutting edge alternative dispute resolution research and innovation as well as addressing key issues facing wider society.

The cost of getting conflict wrong, particularly at Senior Levels, can be incredibly serious for any organisation.

This is the topic James South, Managing Director (CEDR) explores with Elodie Loing, an experienced Transformation Executive and Mediator who has over 25 years of experience in the retail industry, 10 of which at CEO level.

They discuss:

• The symptoms and warning signs of poorly managed conflict,
• Specific challenges leaders face
• How the skills of a conflict engagement expert can help with these
• And, practical examples of and advice on creating a healthy conflict culture.

Conflict shouldn’t just be seen as something to avoid. Better conflicts can ultimately ensure the innovative potential and effectiveness of your teams and organisation as a whole.