The Better Conflicts Audio Experience
By CEDR
The Better Conflicts Audio Experience Feb 02, 2023
CEDR in Conversation with Fraser Simpson - Making 'Speak Up' Human
Fraser Simpson is Associate General Counsel - Ethics, Governance and Compliance at The Wellcome Trust, a large philanthropic foundation, based in London, that funds science to achieve global health outcomes. Part of his role with the Wellcome Trust is building a culture where people feel safe to 'speak up'. In this wide ranging conversation Fraser speaks with CEDR's Head of Marketing Ben Thomson about: Video Contents: 00:00 - Intro 00:20 - Fraser introduces himself 01:16 - What do we mean by 'speak up' culture? 02:26 - How 'speak up' can improve well-being and create a sense of belonging 03:48 - What are the consequences of getting it wrong and taking a policy led approach 05:56 - The importance of getting the buy-in from the top 07:28 - What are some of the barriers to people speaking up 09:08 - Is there a renewed interest in 'speak up' due to external societal issues 12:08 - Being proactive in approaching issues 12:46 - Opportunities that arise as a result of a 'speak up' culture 13:43 - Speak up should be part of a wider strategy 15:23 - How do you as part of the legal function work with the 'people' teams in the organisation ? 16:22 - What can people so straight away to make a difference? 20:11 - How to make speaking up less intimidating? 21:52 - Do managers have the practical skills to be able to actualise the principles of speaking up? 24:18 - The issues associated with raising a grievance 26:55 - What questions should leaders ask themselves as part of any incitive to implement change? 28:36 - Final thoughts Disputes and dialogue are connected, and forward-thinking organisations are viewing this challenge at a strategic level. Download CEDR's white paper and learn how this applies to the rise of employee activism. Download CEDR's White Paper on Employee Activism Here: https://learn.cedr.com/employee-activism
Eve Pienaar: Trust, Wills & Probate Mediation
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
Nick Pearson: Insolvency Mediation Case Study
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
Tony Allen: Restoring Relations with the NHS
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
Fiona Colquhoun: Commercial Mediation Case
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
Heather Allen: Process Choices - How to Run a Joint Session
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
Neil Goodrum - Workplace Mediation: Rebuilding Dialogue and Collaboration in a Fractured Workplace
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
Eve Pienaar: Property Mediation Case: Right of Access Resolution
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
How to have Conversations about Politically Sensitive Topics: A Conversation with Jess Brandler of Solutions Not Sides
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.
Psychological Safety Webinar Questions
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
Nick Pearson: Navigating Cross Border Disputes
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
Tony Allen: Navigating Clinical Negligence Cases
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
Heather Allen - Benefits of Mutual Chairing in a Family Business Dispute
CEDR Mediator Heather Allen discusses a dispute in a family run business and how being a neutral chair helped resolve the case. Video Contents: 00:00 - A board with only one non family member 00:17 - Three generations of the family are involved with the company 00:30 - Technical changes to the business necessitate the appointment of a new board member 01:00 - Coaching the parties to have better conversations 00:57 - The value of the claim and the franchisors demands 01:16 - Being a neutral chair
Watch Heather Discuss the case here: https://youtu.be/LZ--8oC3MNM #cedr #business #disputes #mediation
Felicity Steadman: Commercial Mediation Case - Franchisor and Franchisee
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
Stephen Bate: Commercial Mediation - Automotive Manufacturer-Distributor Dispute
CEDR Mediator Stephen Bate details a dispute he mediated between a motorcycle manufacturer and a distributor. Video Contents: 00:00 - Intro 00:21 - Dispute between manufacturer and distributor in motorcycle industry 00:48 - Distributor brings a claim for £20 million 01:10 - Uncovering the background to the case 01:26 - The dispute arose because of hand written letter 01:59 - A joint meeting was set up to resolve the situation 02:36 - The manufacturer apologises and agrees to a payment 03:01 - Reciprocity can be very important in a mediation To find out more about commercial mediation, contact CEDR at: https://www.cedr.com/commercial/
#cedr #disputeresolution #automotive #motorcycle #motorbike #manufacturing #mediation
Fiona Colquhoun: Power Imbalances and Fostering Participant Equity in a Transgender Policy 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
Eve Pienaar - How to Overcome Power Imbalances in Construction Mediations
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
Navigating Banking Workplace Mediations
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
Importance of Decision Makers Attendance at Banking Mediations
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
10th CEDR Mediation Audit - What you Need to Know
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.
CEDR and BIICL | Breathing Space Podcast Series | Epiosde 4
CEDR is proud to partner with the British Institute of International and Comparative Law (BIICL) on a new podcast series on smarter approaches to dispute resolution.
This series brings together BIICL’s ‘Breathing Space Series’ which aims to help safeguard commercial activity in the wake of the COVID-19 pandemic and CEDR’s vision of ‘Better conflicts, better outcomes leading to a better world’.
While looking at issues relating to the COVID-19 pandemic, the series will also look at evolving attitudes to dispute resolution, future trends and advice from leading conflict specialists.
Podcast 4 features:
- Eve Pienaar, CEDR Mediator, Trainer & Lawyer
- Paula Hodges KC, Head of Global Arbitration Practice, Herbert Smith Freehills
- Mr Justice Adam Johnson, High Court Judge
- Ben Thomson (facilitator), Marketing Team Manager, CEDR
In it, they discuss:
- Legal proceedings, both going to court and arbitration
- Interaction between formal legal proceedings and ADR
- Virtual proceedings and environment supporting smarter dispute resolution
More information on BIICL’s Breathing Space Series and access to the three Concept Notes can be found here.
Conflict Engagement Skills for Leaders | Episode 3
A lot has been written about leadership skills, especially recently.
However, what is often missing from these works is a leader’s role in managing conflict or emerging conflict situations within an organisation.
In this podcast series, James South, CEO at CEDR will explore the mediator and conflict engagement skills he utilises every day in his role as a leader.
“When opening the conversation, your tone is crucial. Don’t seek to come in and persuade, or shut the conversation down – come from a position of genuine curiosity.”
As with anything in your professional life, if you don’t prepare effectively or start the conversation well, it severely limits the opportunity for a successful outcome.
This episode dissects the anatomy of having a difficult conversation and provides leaders with ‘Six Tips on How to Prepare and Start Well’
The Practicalities of Making a Success of Mandatory Mediation
Following the Woolf reforms in the late 90s, are we on the precipice of another great wave in the uptake of mediation in the United Kingdom?
There is increasing support for greater use of mediation from both the judiciary, in particular the Master of the Rolls, Sir Geoffrey Voss and the UK government, who intends to introduce mandatory mediation in all contested claims under £10,000 in the country court in England and Wales.
This podcast, recorded remotely, explores the practicalities of making a success of mandatory mediation.
It features:
- James South, CEO and Mediator, CEDR
- Rebecca Clark, Mediator and Chair of the Civil Mediation Council
- Iain Christie, Barrister and Mediator
For more information about CEDR's view on mandatory mediation, read James Souths' white paper 'Mandatory Mediation - Everything you Need to Know' here.
Conflict Engagement Skills for Leaders | Episode 2
A lot has been written about leadership skills, especially recently.
However, what is often missing from these works is a leader’s role in managing conflict or emerging conflict situations within an organisation.
In this podcast series, James South, CEO at CEDR will explore the mediator and conflict engagement skills he utilises every day in his role as a leader.
“Conflict can enhance relationships if it’s done well.”
Episode 2 challenges the perception that conflict is always negative, and identifies the three broad categories of conflict that exist within organisations:
🎯 Task/Business Conflict
🎯 Process/Structural Conflict
🎯 Relationship Conflict
Is Mandatory Mediation a Good Idea?
Following the Woolf reforms in the late 90s, are we on the precipice of another great wave in the uptake of mediation in the United Kingdom?
There is increasing support for greater use of mediation from both the judiciary, in particular the Master of the Rolls, Sir Geoffrey Voss and the UK government, who intends to introduce mandatory mediation in all contested claims under £10,000 in the country court in England and Wales.
However, some within the dispute resolution community are sceptical about mandating a process that inherently relies upon and yields success from being voluntary.
This podcast, recorded remotely, is a robust exchange of ideas on the issue of whether mandating mediation is a good idea.
In favour, we have James South, a native New Zealander, CEDR’s CEO and a Mediator and conflict trainer with over 25 years of experience based here in London.
And, with some not considerable reservations about mandating mediation, a fellow Kiwi, leading international mediator with Brick Court Chambers and Maxwell Mediators, Geoff Sharp.
For more information about CEDR's view on mandatory mediation, read James Souths' white paper 'Mandatory Mediation - Everything you Need to Know' here.
The Human Face of a Green Economy | Part 3 - Key to Success
"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
Conflict Engagement Skills for Leaders | Episode 1
A lot has been written about leadership skills over the years, especially recently.
However, what is often missing from these works is a leader’s role in managing conflict or emerging conflict situations within an organisation.
In this podcast series, James South, CEO at CEDR will explore the mediator and conflict engagement skills he utilises every day in his role as a leader.
Episode one asks the question, ‘Leadership and Conflict Styles, are they the same thing?
James will also discuss the five approaches a leader can take in managing conflict:
🎯 Collaboration
🎯 Accommodation
🎯 Compromising
🎯 Competing
🎯 Avoidance
The Human Face of a Green Economy | Part 2 - Showing all the Facets
"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 Human Face of a Green Economy | Part 1 - Climate Risk Mapping
"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
CEDR and BIICL | Breathing Space Podcast Series | Epiosde 3
CEDR is proud to partner with the British Institute of International and Comparative Law (BIICL) on a new podcast series on smarter approaches to dispute resolution.
This series brings together BIICL’s ‘Breathing Space Series’ which aims to help safeguard commercial activity in the wake of the COVID-19 pandemic and CEDR’s vision of ‘Better conflicts, better outcomes leading to a better world’.
While looking at issues relating to the COVID-19 pandemic, the series will also look at evolving attitudes to dispute resolution, future trends and advice from leading conflict specialists.
Podcast 3 features:
- Sapfo Constantatos, Senior Legal Counsel at Standard Chartered Bank
- Lauren McGuirl, Director of Commercial Disputes, CEDR
- Guy Pendell, Partner & Head of International Arbitration, CMS
- Ben Thomson (facilitator), Content Strategist at CEDR
In it, they discuss:
- Practical considerations for parties and lawyers to help with achieving settlement
- Relationship preservation
- Who should be involved in negotiations
- Role of third parties in negotiations and dispute resolution processes
- Impact of the pace of proceedings.
More information on BIICL’s Breathing Space Series and access to the three Concept Notes can be found here.
Workplace Mediation Series | EP.06 | Confidentiality Considerations
This podcast series on Workplace Mediation accompanies ‘CEDR’s Complete Guide to Workplace Mediation’ which can be accessed below. The series will convene leading workplace mediators to provide practical advice on dispute resolution for those responsible for addressing workplace conflict.
In Episode 6 we spoke to Gillian Caroe and Neil Goodrum about confidentiality within the context of workplace mediation. Specifically, they looked at; the importance of confidentiality in mediation, the mediation agreement, instances where confidentiality can be broken, 'without prejudice' and confidentiality breaches.
Gillian Caroe is a leading CEDR Mediator, Trainer and Facilitator. Before becoming a full-time mediator, Gillian had a successful career in international business with one of the world’s top companies. She worked in UK, European and Global roles across a range of business functions in a number of different countries. Neil Goodrum is also a leading CEDR Mediator and Trainer having previously worked as a lawyer, specialising in contract and commercial, partnership, employment, professional negligence, clinical negligence and personal injury cases, having initially dealt with commercial fraud and other serious criminal cases.
Link to ‘CEDR’s Complete Guide to Workplace Mediation’
Link to Gillian Caroe’s Bio
Link to Neil Goodrum's Bio
CEDR and BIICL | Breathing Space Podcast Series | Epiosde 2
CEDR is proud to partner with the British Institute of International and Comparative Law (BIICL) on a new podcast series on smarter approaches to dispute resolution.
This series brings together BIICL’s ‘Breathing Space Series’ which aims to help safeguard commercial activity in the wake of the COVID-19 pandemic and CEDR’s vision of ‘Better conflicts, better outcomes leading to a better world’.
While looking at issues relating to the COVID-19 pandemic, the series will also look at evolving attitudes to dispute resolution, future trends and advice from leading conflict specialists.
Podcast 2 features:
- Helen Dodds, Director of Legal UK and Member of LawTech UK Commercial Dispute Resolution Taskforce
- Lauren McGuirl, Director of Commercial Disputes, CEDR
- Sir Wiliam (Bill) Blair, former Judge of London’s Commercial Court, Barrister & Arbitrator
- Ben Thomson (facilitator), Content Strategist at CEDR
In it, they discuss:
- Rise in the uptake of formal proceedings following pandemic
- Realities of going to court
- Options open to parties instead of issuing formal proceedings
- BIICL advice on supporting contractual relationships
- Thoughts on Mandatory Mediation
More information on BIICL’s Breathing Space Series and access to the three Concept Notes can be found here.
Should the UK Sign the Singapore Convention?
In early 2022, the UK government ran a consultation on whether it should sign the Singapore Convention on Mediation.
To discuss this issue, following consultation submissions from their respective organisations, James South (CEO, CEDR) spoke to Jan O'Neill (PSL, Herbert Smith Freehills).
In this podcast, they look at:
- The legal perspective of the UK signing the Singapore Convention
- Perception of Mediation in the Dispute Resolution landscape
- The perception of the UK legal system with respect to signing the Convention
- Signing the Convention as a means to advance Mediation in other jurisdictions
- Signing the Convention in order to influence interpretation and best practice
- Issues to consider around enforcement of the Convention should it be signed
You can also read more about Herbert Smith Freehill's analysis of this issue here.
The Singapore Convention on Mediation is a uniform and efficient framework for international settlement agreements resulting from mediation. It applies to international settlement agreements resulting from mediation, concluded by parties to resolve a commercial dispute.
Learn more about the Convention here.
Ask a Negotiator Episode 17 - Conversation with Dr. Martin Klimmek
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.
CEDR and BIICL | Breathing Space Podcast Series | Epiosde 1
CEDR and the British Institute of International and Comparative Law (BIICL) have collaborated on a new podcast series on smarter approaches to dispute resolution.
This series brings together BIICL’s ‘Breathing Space Series’ which aims to help safeguard commercial activity in the wake of the COVID-19 pandemic and CEDR’s vision of ‘Better conflicts, better outcomes leading to a better world’.
While looking at issues relating to the COVID-19 pandemic, the series will also look at evolving attitudes to dispute resolution, future trends and advice from leading conflict specialists.
Podcast 1 features:
- Helen Dodds, Director of Legal UK and Member of LawTech UK Commercial Dispute Resolution Taskforce
- Dr Karl Mackie CBE, Founder President & Mediator at CEDR
- The Rt. Hon. Lord Neuberger of Abbotsbury, former President of the UK Supreme Court and now Arbitrator and Legal Expert at One Essex Court
- Ben Thomson (facilitator), Content Strategist at CEDR
In it, they discuss:
- The background to the ‘Breathing Space’ project
- An overview of the three ‘Breathing Space’ concept notes
- The overarching changes in approaches to dispute resolution following the COVID-19 pandemic
- Future developments and trends in commercial dispute resolution
More information on BIICL's Breathing Space Series and access to the three Concept Notes can be found here - https://www.biicl.org/projects/breathing-space-concept-notes-on-the-effect-of-the-pandemic-on-commercial-contracts
Don't miss another podcast, subscribe to CEDR's regular insights on Commercial Mediation here - https://share.hsforms.com/1fIQUzZ6aTDmPKqRdAORaNA3joav
Workplace Mediation Series | EP.05 | Internal or External Mediator?
This podcast series on Workplace Mediation accompanies ‘CEDR’s Complete Guide to Workplace Mediation’ which can be accessed below. The series will convene leading workplace mediators to provide practical advice on dispute resolution for those responsible for addressing workplace conflict.
In Episode 5, we speak to Gillian Caroe about choosing between an internal or external mediator. Deciding who mediates your case is something workplace commissioners need to give careful consideration to and what option, internal or external, is most appropriate and likely to lead to a successful outcome.
Gillian Caroe is a leading CEDR Mediator, Trainer and Facilitator. Before becoming a full-time mediator, Gillian had a successful career in international business with one of the world’s top companies. She worked in UK, European and Global roles across a range of business functions in a number of different countries.
Link to ‘CEDR’s Complete Guide to Workplace Mediation’
Link to Gillian Caroe’s Bio
Workplace Mediation Series | EP.04 | How to Set Up your Workplace Mediation
This podcast series on Workplace Mediation accompanies ‘CEDR’s Complete Guide to Workplace Mediation’ which can be accessed below. The series will convene leading workplace mediators to provide practical advice on dispute resolution for those responsible for addressing workplace conflict.
In Episode 3, we speak to Gillian Caroe about how to set up your workplace mediation looking at some of the key practical considerations integral to achieving successful and sustainable outcomes.
Gillian Caroe is a leading CEDR Mediator, Trainer and Facilitator. Before becoming a full-time mediator, Gillian had a successful career in international business with one of the world’s top companies. She worked in UK, European and Global roles across a range of business functions in a number of different countries.
Link to ‘CEDR’s Complete Guide to Workplace Mediation’
Link to Gillian Caroe’s Bio
Ask a Negotiator Episode 16 – 'Sound of Silence'
As part of Philip's 'Back-To-Basics' range of highly effective and undervalued negotiation skills, this episode looks at the use of silence.
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.
Workplace Mediation Series | EP.03 | What Does Workplace Mediation Look Like?
This podcast series on Workplace Mediation accompanies ‘CEDR’s Complete Guide to Workplace Mediation’ which can be accessed below. The series will convene leading workplace mediators to provide practical advice on dispute resolution for those responsible for addressing workplace conflict.
In Episode 3, we spoke to Gillian Caroe about what does a Workplace Mediation actually look like in practice.
Gillian Caroe is a leading CEDR Mediator, Trainer and Facilitator. Before becoming a full-time mediator, Gillian had a successful career in international business with one of the world’s top companies. She worked in UK, European and Global roles across a range of business functions in a number of different countries.
Link to 'CEDR's Complete Guide to Workplace Mediation'
Link to Gillian Caroe's Bio
Ask a Negotiator Episode 15 – 'Minimal Encouragers'
As part of Philip's 'Back-To-Basics' range of highly effective and undervalued negotiation skills, this episode looks at minimal encouragers. These simple techniques go a long way to helping build rapport and getting the other side to start or continue to talk.
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.
Workplace Mediation Series | EP.02 | Difference Between Employment & Workplace Mediation
This podcast series on Workplace Mediation accompanies ‘CEDR’s Complete Guide to Workplace Mediation’ which can be accessed below. The series will convene leading workplace mediators to provide practical advice on dispute resolution for those responsible for addressing workplace conflict.
In Episode 2, we spoke to Gillian Caroe about the differences between Employment & Workplace Mediation. Understanding the differences in these processes is essential for ensuring you design a process that best suits the parties and dispute at hand.
Gillian Caroe is a leading CEDR Mediator, Trainer and Facilitator. Before becoming a full-time mediator, Gillian had a successful career in international business with one of the world’s top companies. She worked in UK, European and Global roles across a range of business functions in a number of different countries.
Link to 'CEDR's Complete Guide to Workplace Mediation'
Link to Gillian Caroe's Bio
Ask a Negotiator Episode 14 – 'Conscious Competence' and 'Something Else'
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.
James South Leadership Series (EP 02) - Julie Mangan | Leaders as Mediators
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.
Workplace Mediation Series | EP.01 | Workplace Conflict
This podcast series on Workplace Mediation accompanies 'CEDR's Complete Guide to Workplace Mediation' which can be accessed below. The series will convene leading workplace mediators to provide practical advice on dispute resolution for those responsible for addressing workplace conflict.
In Episode 1, we spoke to Gillian Caroe about the broad issue of Workplace Conflict, what it is, its impact on individuals and organisations and the importance of taking progressive and effective approaches to managing and resolving it.
Gillian Caroe is a leading CEDR Mediator, Trainer and Facilitator. Before becoming a full-time mediator, Gillian had a successful career in international business with one of the world’s top companies. She worked in UK, European and Global roles across a range of business functions in a number of different countries.
Link to 'CEDR's Complete Guide to Workplace Mediation'
Link to Gillian Caroe's Bio
CEDR Interview Series on the Challenges within Diversity and Inclusion – Episode 6
The CEDR Interview Series on the challenges within Diversity and Inclusion aims to empower society to hold powerful dialogues. We will hold discussions with a broad spectrum of people, each with unique and powerful skillsets and experiences when it comes to addressing issues surrounding discrimination in all forms.
“Touch the lives of people you meet in your everyday interactions.”
In Episode 6, Francine Stock interviews Salma Yusuf, an impressive role model not only for young female professionals.
Salma has served in multiple roles and capacities from being a Civil Society activist nationally and internationally, a University Lecturer and Researcher, a Journalist and Opinion Columnist.
Salma is a current sitting member of the Commonwealth Women Mediators Network Salm and she has been admitted as an Attorney-at-Law of the Supreme Court of Sri Lanka.
Hailing from a “triple minority” background – namely, ethnic, religious and linguistic minority communities, in this interview Salma Yusuf speaks about how she translated her heritage into professional acumen. She also elaborates on how she learned to overcome difference by developing a high degree of empathy to grievances, sophisticated and nuanced understanding of challenges, and cross-cultural sensitivity to the aspirations and needs of societies and communities she works with, in the pursuit of the ideals of human rights, law, justice and peace.
Salma provides also useful and practical tips on leadership and the smart use of power - with and not over- when speaking about her most recent work as a Public Official of the Government of Sri Lanka where she led the process of drafting and developing of Sri Lanka’s first National Policy on Reconciliation which is the first in Asia. She ensured that during this process the intersectional experiences of women were substantively incorporated into the document, and gender responsiveness was instilled as a key principle.
This interview 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.
If you would like to get involved in this interview series, either to submit a question or be part of the live audience in future episodes, contact Frederick Way, Head of CEDR Foundation at fway@cedr.com.
Understanding Consumer Disputes (Ep.02) - CEDR Foundation Thought Leadership Series
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.
Mediation Today EP.01 - Mandatory Mediation
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
Understanding Consumer Disputes (Ep.01) - CEDR Foundation Thought Leadership Series
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.
Trusts, Wills and Probate Mediation - A Mediator's View
In this podcast, CEDR spoke to experienced Trust, Wills and Probate Mediator Nick Pearson about the challenges involved in mediating these cases, key practical considerations for lawyers and parties and how to achieve better and more sustainable outcomes.
CEDR has also produced a 'Complete Guide to Trusts, Wills and Probate Mediation' which can be accessed here.
CEDR Interview Series on the Challenges within Diversity and Inclusion – Episode 5
The CEDR Interview Series on the challenges within Diversity and Inclusion aims to empower society to hold powerful dialogues. We will hold discussions with a broad spectrum of people, each with unique and powerful skillsets and experiences when it comes to addressing issues surrounding discrimination in all forms.
In Episode 5, Francine Stock interviews Prof. Milton Bennett, probably THE leading mind when it comes to matters intercultural.
Dr Bennett - Milton Bennett - Wikipedia - is the founder of The Intercultural Communication Institute (ICI), a non-profit educational foundation that has operated in Portland, Oregon USA since 1986.
He is probably most famous for his DMIS, The Developmental Model of Intercultural Sensitivity (DMIS) - DMIS Model | IDRInstitute - which he created as a framework to explain how people experience and engage with cultural difference. The DMIS is grounded theory; it is based on observations he made in both academic and corporate settings about how people become more competent intercultural communicators. Using concepts from constructivist psychology and communication theory, he organized these observations into positions along a continuum of increasing sensitivity to cultural difference.
In an impactful conversation, Milton and Francine explore Milton’s insights on polarisation, political extremism, remote teams, conflict resolution of intercultural disputes and how to apply the principles of intercultural sensitivity equally to domestic and international multicultural situations.
Most interactions at the national or country vs. country level are lacking constructive dialogue; not enough has been done within countries to reconcile different positions, points of view as well as belief and political systems.
This interview 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.
If you would like to get involved in this interview series, either to submit a question or be part of the live audience in future episodes, contact Frederick Way, Head of CEDR Foundation at fway@cedr.com.