for people interested in mediation in Scotland
M E D I AT I O N : I T ’ S Y O U R S O L U T I O N
I N S I D E T H I S I S S U E:
All change at SMN 01–02
The Sound of One Hand Clapping:
The Gill Review’s Faint Praise for
Mediation 02
The Dreaded Evaluation 03
EMNI Conference 03
Opportunity for Freelance Peer
Mediation Trainers 03
Training and Events 04–06
CURRENT EVENTS/COMING SOON
• ADR: American Dispute Resolution; lessons
for Scotland?
Monday 5th July, 2pm - 4pm, 18 York Place,
Edinburgh, EH1 3EP
• Securing Funding
Monday 12th July, 9.30am - 4pm, 18 York
Place, Edinburgh, EH1 3EP
• Practical Tips for Tendering Success
Thursday 29th July, 9.30am - 4.30pm, 18
York Place, Edinburgh, EH1 3EP
C O N T R I B U T E T O C O L L A B O R AT E
SMN publishes Collaborate monthly, and we
encourage you to contribute.
For submission guidelines contact Toni Freitas
at: collaborate@scottishmediation.org.uk.
The submission deadline for the next issue is:
Wednesday 21st July 2010.
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. SMN’s
longer-term vision is to embed mediation
in to the way conflicts of all kinds are
resolved in Scotland.
News from the Scottish Mediation Network, registered Scottish Charity Number SC034921
All change at SMN
By 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 SMN’s 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 anyone’s no-
tice that the promised flourishing 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 Irvine
was introducing the ADR Pledge down south,
the view that “we do things differently up
JUNE 2010 ISSUE 60
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 see
how 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 consider
establishing 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 public
sector 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)
for people interested in mediation in Scotland
All change at SMN cont’d...
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 or
business.
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.
The Sound of One Hand Clapping: The Gill
Review’s Faint Praise for Mediation
By 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 Scottish 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
JUNE 2010 ISSUE 60
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
alternatives to litigation? Neutral onlookers
may have anticipated a significant role for
alternative dispute resolution (ADR) for three
reasons:
• the Review’s 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-
PAG E 
M E D I AT I O N : I T ’ S YO U R S O L U T I O N
• To clarify and improve the “SMN” brand to
support the profiling and marketing activity of
the 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 to
our members was the proposed name change
– from Scottish Mediation Network to 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.
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.
W W W. SCOT T I S H M E D I AT I O N .O RG .U K
for people interested in mediation in Scotland M E D I AT I O N : I T ’ S YO U R S O L U T I O N

The Dreaded Evaluation

By 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 in two ways: for myself and for the integrity
Member from BT, one Local Authority Funder of mediation in Scotland through the Scottish
and one Scottish Government Official all joy- Mediation Network.
ously sang from the same song-sheet when it
Incidentally, you will be pleased to know that
came to evaluation. In order to fund, we need
the Initiative Group on the Academic Study of
evaluations, we need case studies. The days
Mediation is currently working on an evalua-
of accepting mediation at face value are over.
tion model to include a simple way in which
With the debilitating cuts in public spending
all providers of mediation in Scotland can
ahead we must prove we are as good and
contribute.
effective as we believe we are. And if we do
not always get that perfect outcome through To be placed on the mailing list for the
one mediation what is it we are doing, what Academic Study Initiative Group please email
change is emerging, and how do we contribute admin@scottishmediation.org.uk.
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

EMNI Opportunity for Freelance

Conference
SMN 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.”.
Peer Mediation Trainers
The 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.

JUNE 2010 ISSUE 60 PAG E  W W W. SCOT T I S H M E D I AT I O N .O RG .U K

for people interested in mediation in Scotland
ADR: American Dispute Resolution;
lessons for Scotland?
SMN
Monday 5 July 2010
2pm - 4pm
18 York Place, Edinburgh, EH1 3EP
Continuing with SMN’s 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.
Securing Funding
SMN
Monday 12 July 2010
9.30am - 4pm
18 York Place, Edinburgh, EH1 3EP
Delivered by Susan Robinson FinstF (Li-
censed by the Institute of Fundraising)
Course Content: This interactive workshop
will focus on the do’s and don’ts of seeking
funds from grant-making trusts and founda-
tions. Beginning with an overview of the sec-
Practical Tips for Tendering Success
Thursday 29th July 2010
9.30am - 4.30pm
18 York Place, Edinburgh, EH1 3EP
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 • Action planning
relation to your business
JUNE 2010 ISSUE 60
M E D I AT I O N : I T ’ S YO U R S O L U T I O N
SMN TRAINING & EVENTS
Prof. Bingham will be speaking about her re- This event is free for all to attend.
search into the US Justice Department’s early
Please reserve a place by emailing
use of ADR and the american experience of
admin@scottishmediation.org.uk
mediation generally.
more information is available on
Dr Clark will be providing a Scottish com-
www.scottishmediation.org.uk
parison, identifying the use of mediation
in Scotland at present and past and future
developments.
There will be opportunity for questions and
open discussion.
tor; identifying the right funder; completing the and grant-making sector here.
application; and then the follow-up. There will
be opportunities to ask questions and to share Costs;
experiences. £90 for members
£180 for non-members
Susan Robinson is Licensed by the Institute
of Fundraising to work throughout the UK as Anyone interested in attending this event
a Trainer and Assessor for their Certificate should contact Martin Gribbon on 0131 556
In Fundraising Management; she also trains 1221 or email martin@scottishmediation.org.
on their government-funded Tax-effective uk
Giving programme. With over 20 years more information is available on
experience of working in Scotland, Sue has www.scottishmediation.org.uk
built up a wide knowledge of the fundraising
• How to structure a competitive tender Costs:
and set yourself apart from your £90 for members
competitors £180 for non-members
• How to develop winning tender/bid
strategies Anyone interested in attending this event
• How to write clear, concise and persua should contact Martin Gribbon on 0131 556
sive proposals 1221 or email martin@scottishmediation.org.
• How to create a template of information uk
for future bids
more information is available on
• How to create a task list of actions
www.scottishmediation.org.uk
required after bid submission
• Asking questions and clarifying what’s
required
PAG E  W W W. SCOT T I S H M E D I AT I O N .O RG .U K
for people interested in mediation in Scotland M E D I AT I O N : I T ’ S YO U R S O L U T I O N

TRAINING & EVENTS

International Summer School in Media-
tion and Negotiation
University of Strathclyde in association
with John Marshall Law School, Chicago
Monday 31 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 The course is aimed at students and recent
conflict theory; conflict and culture; media- graduates in law.
tion practice; communication skills; effective
negotiation. Costs:
Student/voluntary sector: £599
The programme is taught, using a mix of Professional: £999
seminars, interactive learning and simulated
mediations, by leading academics and prac- Contact Dr Bryan Clark
titioners from Scotland and the USA: Charlie bryan.clark@strath.ac.uk
Irvine, Dr Bryan Clark (Strathclyde) Prof
Susann McLachlan (John Marshall), with a
keynote address by John Sturrock QC.

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
bryan.clark@strath.ac.uk

Dialogue At The Edge with Peter Birch
Weekends:
20-23 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 Birch’s workshops on Dia-
logue and the Art of Status-play at this year’s
Scottish Mediation Network conference the
programme includes:
An exploration of archetypal links of Dialogue
with elements of earth air fire and water and
how such links might strengthen the personal rich in history and presence that is literally on
presence of facilitators and mediators. This is the edge.
woven in with skills for effective advocacy and
Costs: £450 for weekends, £650 for full
inquiry, the cornerstones of Dialogue, as well
weeks. Early bird discount of 15% up to 6
as with innovative mediation skills for working
weeks before the event.
with individuals and teams. Each day of the
Fees include workshop, accommodation in
workshop brings a new theme and emphasis,
charming ‘casa rural’s, transfer from airports
from bodywork and ‘earth’ in order to ground
and/or rail station, all meals at accommoda-
ourselves for the challenges of managing
tion.
disputes in any context, to the inspiration
of ‘air’ and clear vision for the tasks ahead.
For information contact:
Workshops are for people wishing to achieve
Peter Birch
greater depth in communication skills for
Tel: 07810 104099
dealing with dispute resolution at both team
Email: peter@thetalkingedge.com
and individual levels. And this in the land of
‘corazon’- the ‘heart’ of flamenco in a place www.thetalkingedge.com

JUNE 2010 ISSUE 60 PAG E  W W W. SCOT T I S H M E D I AT I O N .O RG .U K

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

TRAINING & EVENTS

The Mediation Supervisor
CMP Resolutions Centre, Royston, Herts
12-14 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- and the principles of mediation practice.
gramme explores leadership approaches and
Cost: from £1400+VAT
develops coaching skills to meet the needs
of supervisees. At the same time it outlines Deborah Casey
the basis of a quality framework and the tools CMP resolutions
required to implement this. Our Supervision Tel: 0844 504 8874
Model, developed by Head of Mediation, Les- Email: deborah.casey@cmpresolution.co.uk
ley Allport, has its roots in empirical research
and teaches
Supervisors to achieve a synergetic balance
between the requirements of the service

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 - 8
October 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 contractors
difficult situations, disputes or decisions. • Using a process which works across all
sectors and interests
• Getting to the heart of a problem
• Breaking deadlock
Laura Rutherford:
• Bringing polarised parties to the table
Core Solutions
• Developing options for mutually accept
Rutland House, 19 Rutland Square
able solutions
Edinburgh EH12BB
• Developing really effective negotiation
Tel: 0131 221 2520
skills
Email: laura.rutherford@core-solutions.com
• Thinking the unthinkable
• Helping to find innovative outcomes www.core-solutions.com
• Working with difficult colleagues and

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

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