Better Conflicts

Better Conflicts

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Better conflicts result in better outcomes leading to a better world. This is our vision here at CEDR, the Centre for Effective Dispute Resolution.

CEDR


    • Feb 2, 2023 LATEST EPISODE
    • infrequent NEW EPISODES
    • 28m AVG DURATION
    • 85 EPISODES


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    Latest episodes from Better Conflicts

    10th CEDR Mediation Audit - What you Need to Know

    Play Episode Listen Later Feb 2, 2023 6:30


    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

    Play Episode Listen Later Jan 31, 2023 32:44


    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

    Play Episode Listen Later Nov 21, 2022 18:23


    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

    Play Episode Listen Later Nov 14, 2022 56:08


    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

    Play Episode Listen Later Nov 9, 2022 19:35


    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:

    Is Mandatory Mediation a Good Idea?

    Play Episode Listen Later Nov 1, 2022 43:42


    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

    Play Episode Listen Later Oct 24, 2022 20:34


    "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

    Play Episode Listen Later Oct 19, 2022 28:30


    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:

    The Human Face of a Green Economy | Part 2 - Showing all the Facets

    Play Episode Listen Later Oct 11, 2022 17:12


    "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

    Play Episode Listen Later Sep 29, 2022 13:50


    "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

    Play Episode Listen Later Sep 28, 2022 35:17


    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

    Play Episode Listen Later May 16, 2022 31:42


    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

    Play Episode Listen Later May 3, 2022 39:00


    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?

    Play Episode Listen Later Apr 27, 2022 23:26


    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

    Play Episode Listen Later Apr 19, 2022 23:22


    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

    Play Episode Listen Later Mar 30, 2022 29:05


    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?

    Play Episode Listen Later Mar 28, 2022 8:40


    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

    Play Episode Listen Later Mar 21, 2022 20:18


    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'

    Play Episode Listen Later Mar 18, 2022 15:30


    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?

    Play Episode Listen Later Mar 4, 2022 9:57


    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'

    Play Episode Listen Later Mar 3, 2022 15:30


    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

    Play Episode Listen Later Feb 24, 2022 14:31


    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'

    Play Episode Listen Later Feb 16, 2022 17:49


    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

    Play Episode Listen Later Feb 16, 2022 30:16


    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

    Play Episode Listen Later Feb 14, 2022 20:54


    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

    Play Episode Listen Later Oct 28, 2021 56:56


    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

    Play Episode Listen Later Oct 27, 2021 60:49


    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

    Play Episode Listen Later Oct 26, 2021 43:43


    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

    Play Episode Listen Later Aug 31, 2021 59:45


    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

    Play Episode Listen Later Jun 17, 2021 38:35


    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

    Play Episode Listen Later Jun 8, 2021 58:59


    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.

    James South Leadership Series (EP 01) - Elodie Loing & Organisational Conflict

    Play Episode Listen Later May 12, 2021 48:49


    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.

    9th Mediation Audit - Everything you Need to Know

    Play Episode Listen Later May 5, 2021 23:35


    Want to know how large the UK Mediation market was before COVID-19? And how the pandemic affected the industry? Perhaps you are interested in the settlement rate of the overall process? Or, where we are in terms of Diversity and Inclusion? The biennial CEDR Mediation Audit answers these important questions and more. This podcast, with the Audit author Graham Massie, covers everything you need to know from the latest biennial CEDR Audit of Commercial Mediation in the United Kingdom. To access the full report, click here.

    Groupthink

    Play Episode Listen Later Apr 30, 2021 31:20


    Stay Quiet. Protect the Group. Save Reputations. The Groupthink mantra. It is hard to stress just how destructive this trait can be within teams and organisations. In this podcast, Dr Andy Grossman and Susanne Schuler tackle the following questions: What is Groupthink? Why is it such a problem for teams and organisations? What are the symptoms of Groupthink, both the obvious and not so obvious? How can you immediately tackle the problem? What are longer-term, sustainable solutions to Groupthink? If you would like to schedule your free Conflict Consultation, you can do so here.

    Ask a Negotiator Episode 13 – Breaking the Silence Part 2

    Play Episode Listen Later Apr 28, 2021 20:21


    How do you talk to someone who does not want to talk to you? A fantastic question and one we have broken down into two parts. Part Two, in this podcast, looks at those situations where the other side is talking, but they are being very uncooperative or not saying much. Part One (Episode 12), looked at when people blanketly refuse to talk and how you can open up dialogue in those circumstances. It can be accessed here. Thank you to Neil Goodrum for submitting this question.

    Ask a Negotiator Episode 12 - Breaking the Silence Part 1

    Play Episode Listen Later Apr 20, 2021 30:36


    "How do you talk to someone who does not want to talk to you." A fantastic question and one we have broken down into two parts. Part One, in this podcast, will look at when people blanketly refuse to talk and how you can open up dialogue in those circumstances. Part Two (Episode 13) will address those situations where the other side is talking, but they are being very uncooperative or not saying much. Thank you to Neil Goodrum for submitting this question.

    CEDR Interview Series on the Challenges within Diversity and Inclusion – Episode 4

    Play Episode Listen Later Apr 13, 2021 59:46


    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. “Faith leadership is the resource for humanising and reconciling the world we live in.” (K. Raval) In Episode 4, Francine Stock interviews Krish Kumar Raval, director of Faith in Leadership, a U.K.-based organization founded in 2007 to create an inclusive community of public and private leaders working together on initiatives for the benefit of all people, on particular challenges - and advantages - of working with faith leaders. In an impactful conversation Krish and Francine explore reasons why there is an apparently increasing sensitivity in so many areas of life to any questioning of a position of conviction and how to avoid parties becoming defensive. Krish speaks about the importance of leadership as a relationship and why it is important to make people confident enough to show vulnerability and how to do that. He reveals techniques and practices to build common ground and dialogue even for people who would appear initially to hold opposing values. 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.

    Safe-to-Fail Spaces

    Play Episode Listen Later Apr 8, 2021 33:12


    Creativity and innovation within teams and organisations rely on people feeling encouraged and able to voice ideas and make mistakes without fear of retribution, exclusion or ridicule. Fundamental to achieving this is the creation of Safe-to-Fail Spaces or a Safe-to-Fail culture. We spoke to Susanne Schuler (Director of Training and Consultancy, CEDR) and Dr. Andy Grossman (Principal Consultant, CEDR), both of whom regularly work with international organisations and teams to improve their innovative and creative potential.

    Ask a Negotiator Episode 11 - Pastries and Pints

    Play Episode Listen Later Apr 7, 2021 17:52


    This episode of #askanegotiator is a little different from the others. While we normally ask Philip Williams a negotiation question, this time, we reflect on the pre-podcast sausage roll ritual and the powerful influencing and persuasion lesson it holds. To give you a quick taster, when negotiating sieges during his time as a Hostage and Crisis Negotiator, Philip would often receive hostages in return for cigarettes, coffee or food... A human life for a cigarette...

    hostages negotiators pastry pints crisis negotiator philip williams
    Ask a Negotiator Episode 10 - Rescue Yourself

    Play Episode Listen Later Mar 31, 2021 22:21


    Have you been in a situation with a colleague, a client or perhaps a friend where the pressure has piled on and you haven't reacted well? Maybe you fired off a snarky email, snapped in a meeting, missed a crucial detail or were overwhelmed and unable to function. It's not uncommon and yet the consequences of performing poorly under pressure can be huge for you, your team and your organisation. Luckily, this podcast gets to the heart of this. Submitted by Ian Vickers, the two-part question that Phil tackles is: Is the art of remaining calm under extreme pressure, such as in hostage and crisis negotiations, innate, or can it be learned? Are rehearsals enough OR is there a pre-requisite of being able to think clearly on your feet - 'winging it'? Drawing on his experience of working with special forces, Phil shares practical advice on managing adversity and helping you to avoid, what he calls, sub-optimal outcomes.

    Understanding Trust, Wills and Probate Mediation

    Play Episode Listen Later Mar 24, 2021 51:46


    In this podcast on Trust, Wills and Probate Mediation, CEDR has teamed up with Withersworldwide to look in-depth at mediating in this sector. Hosted by Ben Thomson, the podcast includes three experts who bring different perspectives to the field: Dawn Goodman, Senior Counsel at Withersworlwide and CEDR-Accredited Mediator Lauren McGuirl, Director of Commercial Disputes CEDR (formerly Senior Associate, Freshfields Bruckhaus Deringer) Nick Pearson, CEDR Chambers Mediator (formerly Head of the Global Dispute Resolution Practice at Baker McKenzie) With all three experts either practising or formerly practising litigators, the aim of the podcast is to share insights on how lawyers can be more effective when mediating Trust, Wills and Probate cases as well as providing the perspective and advice of those managing and resolving disputes in this space.

    Ask a Negotiator Episode 9 – The Trilogy of Persuasive Negotiation

    Play Episode Listen Later Mar 10, 2021 25:15


    What is the one thing people miss in negotiation every time? In this episode of #askanegotiator, Philip Williams draws on the teachings of Ancient Greece to help you understand how you can be more persuasive in your negotiations. During the podcast, Philip uses a particular advert to illustrate his point. It can be viewed here.

    CEDR Interview Series on the Challenges within Diversity and Inclusion – Episode 3

    Play Episode Listen Later Feb 11, 2021 55:39


    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. "Meeting the other is simply rich" - N.Erradi In Episode 3, Francine Stock interviews Noureddine Erradi, Founder of IFA (Integration For All), about issues concerning immigration, integration, and intercultural dialogue and how to deradicalize someone. Noureddine says about himself that he is a facilitator of difference, often radical difference. In this interview, Noureddine will reveal how this experience has helped him to develop a method he is working with today to disengage radicalised people from extremism. He calls it “The Other side of the Medal”, in which he applies “the getting out of the box " thought. In an effort to promote intercultural understanding and dialogue, Noureddine has directed and produced Six award-winning documentary films in which European teachers, administrators, and policymakers participated in a simulated integration programme. These films have been presented worldwide and they are now used in more than 900 European Organizations. 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.

    CEDR Interview Series on the Challenges within Diversity and Inclusion – Episode 2

    Play Episode Listen Later Feb 5, 2021 63:03


    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 2, Francine Stock interviews Kelli McLoud-Schengen, President of KMS Intercultural Consulting about the power of storytelling as a means to bring people together. Kelli explores how she has used and uses storytelling on a daily basis to tackle polarisation within her community and further afield. Using as her mantra, "The shortest distance between two strangers is a story", Kelli shares the practical sides to facilitating engagement between entrenched and polarised groups and communities, including police forces and local citizens in the United States. At the heart of what she does is create safe spaces for people to tell their stories and be listened to actively. In this podcast she also talks about her own journey of self-love, coming to accept who she is and being proud of her race and heritage. 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.

    CEDR Interview Series on the Challenges within Diversity and Inclusion - Episode 1

    Play Episode Listen Later Feb 5, 2021 52:24


    This CEDR Interview Series, introduced by Susanne Schuler, 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 1, Francine Stock interviews Teohna Williams about her experience as a peacebuilder in some of the world's most challenging conflict environments and the need for greater diversity in this arena. They also explore the role of the arts in fostering meaningful dialogue and engagement, drawing on Teohna's experience as an actor as well as facilitator and coach. Recorded in front of a live, virtual audience, Francine and Teohna share personal stories within the context of diversity and inclusion and answer a series of provoking questions. Francine Stock is an experienced and respected broadcaster across both television and radio having worked considerably with the BBC as well as being a published author and practising mediator. Teohna Williams is a Peacebuilder and outgoing CEO of Business Plan for Peace. She is currently the Incoming Deputy Head of Office (Ituri) for the UN Peacekeeping Mission in the DRC (Congo). She is also formerly an actor as is an experienced facilitator and coach. 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.

    Conflict Management as a Strategic Business Tool

    Play Episode Listen Later Feb 5, 2021 28:27


    As part of our interactive webinar on Conflict Management as a Strategic Business tool, we were joined by international business leaders who shared their insights on effective innovation management in a virtual environment. The panel included: Kirsty Leivers – Global Head of Culture, Inclusion and Diversity at AXA Global, Paris Sofie De Beule-Roloff – Chief Operating Officer at European Stability Mechanism, Luxembourg Sylvia Rohde-Liebenau – Managerial Advisor, Coaching and Development at European Investment Bank, Luxembourg Rob Palfrey – Managing Director at SRM Limited and Director at Human Rights at Sea Listen to their experiences of managing the widespread shift to remote-working and their advice for ensuring individuals, teams and organisations can remain innovative and effective in the short, medium and long term.

    Becoming a CEDR-Accredited Mediator - Head of Employment & Compliance (Part 3)

    Play Episode Listen Later Feb 5, 2021 8:56


    CEDR spoke to Deirdre Knox about why she trained to be a CEDR-Accredited Mediator, the skills she learned on and has developed since the training and how it helps her meet the challenges and opportunities of her role. Deirdre as Head of Employment and Compliance at King, a leading interactive entertainment company, probably best known for the Candy Crush Saga is responsible for a diverse and talented workforce operating globally.

    Becoming a CEDR-Accredited Mediator - Head of Employment & Compliance (Part 2)

    Play Episode Listen Later Feb 5, 2021 17:50


    CEDR spoke to Deirdre Knox about why she trained to be a CEDR-Accredited Mediator, the skills she learned on and has developed since the training and how it helps her meet the challenges and opportunities of her role. Deirdre as Head of Employment and Compliance at King, a leading interactive entertainment company, probably bet known for the Candy Crush Saga is responsible for a diverse and talented workforce operating globally.

    Becoming a CEDR-Accredited Mediator - Head of Employment & Compliance (Part 1)

    Play Episode Listen Later Feb 5, 2021 18:23


    CEDR spoke to Deirdre Knox about why she trained to be a CEDR-Accredited Mediator, the skills she learned on and has developed since the training and how it helps her meet the challenges and opportunities of her role. Deirdre is Head of Employment and Compliance at King, a leading interactive entertainment company, probably best known for the Candy Crush Saga is responsible for a diverse and talented workforce operating globally.

    Understanding Online Mediation - Part 3

    Play Episode Listen Later Feb 5, 2021 15:54


    In the final podcast of this series on Online Mediation, Gillian Caroe takes a closer look at some of the challenges and benefits of online mediation as well as recapping what was discussed in Parts 1 & 2. A successful in-person CEDR mediator for over 15 years with a background in international business, Gillian Caroe has established a thriving online mediation practice. She has been advising market-leading law firms and new clients on how video mediation can deliver unique benefits that could cause us all to rethink mediation whatever the ‘new normal’ looks like.

    Understanding Online Mediation - Part 2

    Play Episode Listen Later Feb 5, 2021 14:35


    In Part 2 of this series on Online Mediation, CEDR spoke to Gillian Caroe about practical aspects of mediating online including private and joint sessions and settlement agreements. A successful in-person CEDR mediator for over 15 years with a background in international business, Gillian Caroe has established a thriving online mediation practice. She has been advising market-leading law firms and new clients on how video mediation can deliver unique benefits that could cause us all to rethink mediation whatever the ‘new normal’ looks like.

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