The BetterConflicts Audio Experience: Recent Episodes

CEDR

Welcome to the Better Conflicts Audio Experience by CEDR. The name of this channel comes from our vision that "Better Conflicts, Result in Better Outcomes, Leading to a Better World". Here we will share with you our regular podcasts, webinar insights and clips from interviews with leading conflict experts. The topics we cover include; Commercial & Workplace Mediation, Hostage & Crisis Negotiation Skills, Conflict Management, ADR Thought Leadership & Innovation and Diversity & Inclusion.

Tony Coveney has spent 43 years as a career investment banker and asset manager, working for some of the worlds leading financial institutions, and is also a CEDR-Accredited Mediator.In this video Tony covers: 00:00 - Intro: Managed conflict is how you get better deals00:30 - Why did you want to become a CEDR-Accredited Mediator? 01:56 - Working on infrastructure projects 05:26 - Creating safe spaces that allow employees to speak up07:06 - The importance of managed conflict08:36 - Are conflict engagement skills for managers overlooked? 11:58 - What are the benefits of the roleplay sessions on the course? 14:27 - What are your plans for the future?

You can watch this podcast here:https://youtu.be/qeEocBPrAuM© 2024 CEDR Limited - All rights reserved

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 - Intro00:20 - Fraser introduces himself01:16 - What do we mean by 'speak up' culture?02:26 - How 'speak up' can improve well-being and create a sense of belonging03:48 - What are the consequences of getting it wrong and taking a policy led approach05:56 - The importance of getting the buy-in from the top07:28 - What are some of the barriers to people speaking up09:08 - Is there a renewed interest in 'speak up' due to external societal issues12:08 - Being proactive in approaching issues12:46 - Opportunities that arise as a result of a 'speak up' culture13:43 - 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 grievance26:55 - What questions should leaders ask themselves as part of any incitive to implement change? 28:36 - Final thoughtsDisputes 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

CEDR Mediator Eve Pienaar discusses trusts, wills & probate mediation#Video Contents: 00:00 - Intro 00:19 - Very often there is a significant imbalance in power00:47 - An example of a trust, wills and probate case01:06 - A difficult situation for one of the deceased's children01:29 - How did the mediator break the deadlock?01:57 - The mediation resulted in the restoration of a relationship#trusts #trustsexplained #wills #willsexplained For more information: https://www.cedr.com/commercial/trusts-wills-probate-mediation/© 2024 CEDR Limited - All rights reserved

CEDR Mediator Nick Pearson discusses an insolvency case he was involved with. Audio Contents:00:00 - Mediation is successful in this field because insolvency practitioners, office holders, liquidators and the like - they don't want to go to court.00:38 - Insolvency practitioners are very sceptical by nature, but they are also flexible and open minded. 00:52 - Directors being sued for preferential payments and misfeasance. 01:07 - Director hadn't give a reason as to why he wasn't going to be liable financially01:22 - The mediator tells the director you have to explain yourself and he produces a lot of new material that hasn't been seen before. 02:02 - The director provides evidence showing his inability to pay. #cedr #disputeresolution #dispute For more information, contact CEDR: www.cedr.com© 2023 CEDR Limited - All rights reserved

CEDR Mediator Tony Allen discusses how mediation and the NHS Resolution Scheme can help to restore relations and trust with patients and claimants. Video Contents:00:00 - People are afraid to be ill again because they've stirred the pot00:13 - Rebuilding a relationship00:23 - Acknowledging that someone who has been let down, has a voice and the right to be heard00:33 - Making sure that steps have taken place to ensure there is no repeat and that lessons have been learned#cedr #mediation #clinical #medical

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

CEDR Mediator Fiona Colquhoun discusses a commercial mediation case with an independent company that was contracted to provide a number of services at a value of £12 million.Video Contents: 00:00 - Intro00:16 - The company buying the services decides to terminate the contract00:34 - There was a very poor relationship between the respective lawyers01:12 - How did the mediator make an initial breakthrough? 01:34 - The parties worked better without their lawyers02:21 - Dealing with the parties in the dispute directly02:48 - Those with the authority get involved in the discussion #cedr #disputeresolution # lawyers

CEDR Mediator Heather Allen discusses how to run a joint session. Video Contents: 00:00 - Intro00:18 - The defendants are usually very flexible on the question of joint meetings and are often guided by the claimant00:53 - Joint sessions makes sense from a practical point of view01:23 - Discussing with the advisors about a brief introductory meeting01:38 - Working with a party that's new to mediation To find out more information, visit www.cedr.com

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

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

00:00 - Intro 00:12 - A large farm holding has parcelled out it's land 00:25 - One of the parties does not want their right of way to be used00:42 - The legal arguments were explored over the course of multiple joint sessions 00:54 - The preparation for a property mediation 01:14 - Having a neutral third party allows the parties to vent and see the matter in a pragmatic way

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

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

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

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

Including:

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

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

CEDR Mediator Nick Pearson gives expert advice on how to navigate cross-border disputes.Video Contents:00:00 - The importance of having senior individuals at a mediation00:16 - An American company is suing a Scandinavian corporation00:22 - 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 emerges02:15 - Keeping the mediation on track#cedr #disputeresolution #dispute Watch a video of this podcast here: https://youtu.be/ALrSGvc0YyY

CEDR Mediator Tony Allen give expert advice on how to navigate clinical negligence cases.Video Contents:00:00 - The importance of having senior individuals at a mediation00:22 - A senior manager from the trust attends the mediation and the family is struck by this00:49 - The cathartic nature of clinical negligence cases is highlighted 01:14 - How the negotiation process started01:30 - A different negotiation strategy is suggested by the mediator #cedr #mediation #clinical #medical Ton find out more about the case, visit https://youtu.be/B5_oBsqwbJ4

CEDR Mediator 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 member00:17 - Three generations of the family are involved with the company00:30 - Technical changes to the business necessitate the appointment of a new board member01:00 - Coaching the parties to have better conversations 00:57 - The value of the claim and the franchisors demands01:16 - Being a neutral chair

Watch Heather Discuss the case here: https://youtu.be/LZ--8oC3MNM#cedr #business #disputes #mediation

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 franchisee00:29 - Franchisor alleges unethical behaviour on the part of the franchisee00:53 - The franchisee was also behind on payments 00:57 - The value of the claim and the franchisors demands01:20 - How to achieve a solution 01:52 - Participant feedback on the mediator 02:28 - New learnings for the mediator #cedr #restaurant #disputes #mediation

CEDR Mediator 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 million01:10 - Uncovering the background to the case01:26 - The dispute arose because of hand written letter01:59 - A joint meeting was set up to resolve the situation 02:36 - The manufacturer apologises and agrees to a payment03:01 - Reciprocity can be very important in a mediationTo find out more about commercial mediation, contact CEDR at: https://www.cedr.com/commercial/

cedr #disputeresolution #automotive #motorcycle #motorbike #manufacturing #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 imbalance00:21 - A multi-national implements a new set of transgender policies00:41 - A parent of a young child challenges the organisations new policies00:56 - Identifying the issue the parent/s had with the new policies01:24 - Moving towards a solution01:26 - Asking two or three people to be present and conduct joint sessions01:41 - The authority for policies rested with the board of trustees, and they all wanted to be involved in some way in the mediation02:00 - Everybody participated but not at the same time, this ensured it wasn't a one sided mediation02:16 - A full agreement on the new policies was reached after four months of discussions#cedr #mediation #charity #disputes #LGTBQ

Contents: 00:00 - Intro 00:07 - The claimant was unable to bring the claim because they had gone insolvent 00:18 - Big residential construction dispute in London 00:24 - Three adjudications already carried out on extensions of time00:30 - The individuals had already racked up hundreds of thousands of pounds in legal disputes and were seeking a claim of over £2million00:45 - Getting to the solution 00:51 - Exploring the final accounts and looking at how the parties had parted ways01:02 - The way to move past was to have numerous joint sessions01:12 - Using a screen to display the final account so both parties could decide where they could see some potential movements and concessions01:20 - They didn't settle on the day because they had unrealistic expectations going into the day, but because of the joint sessions, they were able to settle soon after with the help of the mediator#cedr #mediation #construction #building #disputes

CEDR Mediator Neil Goodrum discusses workplace mediations in the banking and finance sector. Contents: 00:00 - Intro00:12 - Overview of the case00:28 - Why the case was taking place01:16 - Neither side wanted to make an offer01:32 - How to move parties towards a solution02:12 - Finding a different framework03:00 - Employment is about peoples identity03:38 - Reaching a resolution#cedr #mediation #finance #banking

CEDR Mediator Nick Pearson discusses a mediation he conducted between a bank and an organisation in the Middle East - and how it is key in such mediations to have senior individuals present. Contents:00:00 - Intro 00:15 - During a financial crisis, a bank aggressively demanded payment from an organisation in the Middle East00:42 - The head of the organisation sued the bank claiming misrepresentation00:58 - Mediation took place in London01:15 - Insisting that someone senior from the bank should be present01:35 - The bank sent a senior person01:50 - Discussing the ongoing issues02:17 - Making sure the right parties were present was the key to resolving the deadlock #cedr #mediation #finance #banking

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

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

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

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

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

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.

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’

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.

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

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 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

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

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

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

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

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

Social license/ legal licence= engagement/ prevention

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

This podcast series features:

Elise Groulx Diggs, Barrister, Solicitor & Mediator
Sussane Schuler, Director of Training & Consultancy at CEDR

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

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

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

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

Part 1 Setting the Scene - Climate Risk Mapping

Mapping the risk

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

This podcast series features:

Elise Groulx Diggs, Barrister, Solicitor & Mediator
Sussane Schuler, Director of Training & Consultancy at CEDR

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.

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 toNeil Goodrum's Bio

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.

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.

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 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

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

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

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.

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

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.

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

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

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

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

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

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

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

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

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

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

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

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.

Episode 2: The Journey of Consumer ADR

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

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

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

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

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

The podcast explores:

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

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

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

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

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

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

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

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.

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.

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.

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.

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.

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.

"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.

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.

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.

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...

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

In Part 1 of this series on Online Mediation, CEDR spoke to Gillian Caroe about perceptions and reservations about online mediation, building rapport in a virtual environment and how lawyers and parties can best prepare for mediating online.

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.

In this Better Conflicts Podcast series, CEDR Mediator and Trainer, Gillian Caroe explores how organisations can better handle conflict within the workplace.

In Part 1 we explore Employment & Workplace Mediation which involves an external neutral coming into the organisation and in Part 2 we look at how employees can be upskilled to better handle conflict themselves.

Gillian Caroe has been a practising mediator since 2004. Throughout her mediation career, she has been involved in hundreds of successful interventions and has mediated disputes across a wide range of sectors, both public and private. She is also on CEDR’s Faculty as a Lead Trainer delivering the flagship MST training course as well as other bespoke conflict training in a number of countries.

In this Better Conflicts Podcast series, CEDR Mediator and Trainer, Gillian Caroe explores how organisations can better handle conflict within the workplace.

In Part 1 we explore Employment & Workplace Mediation which involves an external neutral coming into the organisation and in Part 2 we look at how employees can be upskilled to better handle conflict themselves.

Gillian Caroe has been a practising mediator since 2004. Throughout her mediation career, she has been involved in hundreds of successful interventions and has mediated disputes across a wide range of sectors, both public and private. She is also on CEDR’s Faculty as a Lead Trainer delivering the flagship MST training course as well as other bespoke conflict training in a number of countries.

On 12 September 2020, the Singapore Convention on Mediation enters into force. To discuss this landmark moment for Mediation, we spoke to two leading ADR experts:

Jan O'Neill (Professional Support Lawyer, Commercial Disputes at Herbert Smith Freehills, London)and,
James South (Mediator & Managing Director, CEDR)

In this podcast, we discuss the state of play of the Convention to date looking at some of the notable signatories and absentees. Additionally, we explore some of the important practical considerations for lawyers and users of mediation that often goes overlooked and how to manage these. Finally, we look at the impact of the Convention on the global Dispute Resolution landscape alongside new frontiers for mediation around the world.

Herbert Smith Freehills commentary on the Singapore Convention can be found here - hsfnotes.com/adr/

In this podcast, James South and Tracey Fox explore the historical reason behind the lack of racial and other diversity in commercial mediation, how this issue is progressing and CEDR's determination to be an active agent of change.

It also examines how the mediation process itself can unintentionally perpetuate racial bias.

Following an UNCITRAL panel (United Nations Commission on International Trade Law) webinar in partnership with UN Women in which Eileen Carroll QC (Hon) spoke on Gender, Trade and COVID-19, we sat down with her to talk specifically about Women in Mediation.

As a pioneering woman in the field of dispute resolution, Eileen Carroll has a wealth of experience to share on the challenges, obstacles and solutions to increasing diversity in this area.

In this Podcast, hosted by Baker McKenzie, Lauren McGuril, Director of Commercial Disputes at CEDR joins Baker McKenzie Partners Helen Brown and Julian Hemmings to discuss the EU Platform-to-Business Regulation that comes into force on 12 July 2020.

Topics include:

the implications for platforms and the businesses who rely on them.
the threshold questions - which arrangements does the regulation apply to?
the dispute resolution curve - including the interplay between the complaint handling mechanism and mediator requirements.
and finally, we discuss some of the more thorny questions we have encountered so far when advising clients, such as termination for convenience, ranking and differential treatment.

To give you on-the-ground insight into CEDR's Virtual Mediator Skills Training, we spoke to the three people most intimately involved in the design and delivery of this training - Nicola Antonioni, Felicity Steadman and Susanne Schuler.

Eileen Carroll QC (Hon), Principal Mediator at CEDR shares her experience of the importance of building rapport and making emotional connections within the context of dispute resolution and mediation in particular.

With the increased use of online mediation she discusses the challenges and ways to achieve this in a virtual environment and how this new forum will be used in the future.

James South and Eileen Carroll QC (Hon) take a detailed look at the practical aspects of mediating international disputes.

They discuss:

What makes international cases so interesting?
Challenges of mediating international disputes
Managing cultural issues
Practical elements to achieving a settlement
Tips for parties involved in international mediation
Opportunities for the use of the mediator in international disputes

We spoke to Malcolm Currie, Mediator and member of CEDR's Training Faculty about his varied and interesting career which includes complex Trade Union Negotiations and coaching rugby referees.

Malcolm offers insight into how to achieve success in complex negotiations and what negotiators can learn from refereeing high-level rugby.

To mark CEDR's 30th anniversary (14th Nov 2020), we spoke to the 3 people most intimately involved in the organisation now and since its inception.

Eileen Carroll, Dr Karl Mackie and James South share their insights on the CEDR story so far and use the opportunity to reflect more widely on how the wider ADR field has evolved in the past 30 years, exploring the biggest challenges and opportunities that lie ahead.

We explore:

Why CEDR was founded
Changing and emerging trends in ADR
How the relationship between the ADR and legal community has evolved
Developments in the role of the mediator and the wider use of the mediator skill-set
The challenges facing mediation and ADR as well as opportunities for innovation
Four personal reflections on CEDR

2020 has been an incredibly challenging year. Necessity being the mother of invention saw us all adapt to new ways of working with both colleagues and clients alike.

As we move into 2021, what can we learn from this tumultuous year to ensure we effectively meet the challenges and opportunities of the next?

CEDR spoke to John Munton, Lauren McGuirl and Susanne Schuler about:

The challenges they faced in their respective departments
The cross-company learning and how their teams and service offerings have adapted
What can users of dispute resolution services expect in the coming year
How will conflict skills help individuals, teams and companies respond to the continuing COVID-imposed crisis
Aspirations for 2021 and beyond

The aim of this podcast is to pool together the expertise from CEDR's three distinct, but ultimately connected business units and to share some personal reflections and insight.

The extent to which you can effectively collaborate is what will determine how successful you are as an individual, team and organisation.

In this final episode of our Conflict Styles Podcast Series, we explore 'Collaborating'. Collaboration is a term which is both widely used but misunderstood with many people thinking it is the style they must aim for.

Like all styles, it is best used when fully understood and in the right context - not overused.

Often, compromising in conflict situations works.

However, there are times where you need to have the confidence and ability to go that extra mile and stress test relationships and ideas in order to arrive at more effective and sustainable solutions.

Susanne Schuler explores how people who tend to compromise by default can challenge themselves and move out of their comfort zone to address and get more out of really critical situations.

Prevalent in TV, film and politics, where the more negative aspects of this style are often glamorised or admired - bullish, steam-roller and borderline authoritarian tactics - 'Competing' is often misunderstood.

Just because you compete in conflict situations, doesn't automatically make you a bully.

Of course, some people can stray into this type of destructive behaviour.

Like with all styles, there are clear benefits to 'Competing' and dangers to overusing it.

If you yourself compete in conflict, we want to ensure you get the most out of your style, being able to advance your interests while maintaining relationships and work effectively with others.

Equally, if you work with competitors and want to understand how to collaborate with them, stepping into their shoes is a great place to start.

Can you think of a situation where you avoided having a difficult conversation with a colleague, client or friend?

How did that make you feel?

What impact has that had on the relationship - both in the short and long term?

Do you wish you had behaved differently and been more assertive and engaged?

If you avoid conflict or crucial conversations too often, we want to help you to become more conflict confident. In this podcast we look at the strengths and weaknesses of avoiding conflict but also how people can start to become more engaged with difficult or crucial situations.

Conceding to others, letting them have what they want and ignoring your own needs - so-called 'people-pleasing' - is a widely spread conflict behaviour.

If this is something you recognise in yourself, we want to help you to move from giving in to getting more.

Even if you aren't a natural accommodator, understanding the strengths and weaknesses of this style can help you to think about when to strategically deploy it to your advantage.

No one style is the 'best' and our experience tell us that the people who get the most out of conflict, are those who can adapt their approach to the situation and person they are facing.

To do that, you need to understand them all.

What are conflict styles? How do they impact how you handle difficult situations? Could you be more strategic when resolving conflict?

In Episode 1 of our Podcast Series on Conflict Styles, Susanne Schuler explores:

What are conflict styles?

Why are they integral to managing and resolving conflict?

Understanding your own style and that of others

How you can become more effective and achieve better outcomes by becoming more strategic in how you approach conflict

In our final podcast before Christmas 2020, Phil answers a question he gets asked a lot.

It is not surprising that this question came up at this time of year when people are watching Christmas classics such as 'Die Hard', 'Lethal Weapon' and 'Taken'.

In this #askanegotiator episode, Philip tackles:

'Is Hostage and Crisis Negotiation like it is in the Movies?'

His answer may surprise you...

How well equipped are you to manage a crisis at your organisation?

We have all been facing the biggest crises for a generation - the COVID19 pandemic.

How well individuals and organisations manage a testing crisis period will determine their long term success and sustainability.

A crisis doesn't need to be as gargantuan as the one we are in at the moment. It can be an IT failure, inter-team conflict or at an individual level, a challenging personal problem.

The common mistake made during a crisis is to let it consume you to the detriment of everything else you are supposed to be and committed to delivering.

This is perhaps the inspiration for this week's #askanegotiator podcast:

"What particular skills would a Hostage and Crisis Negotiator bring to an organisation and its management team to enable them to remain focussed on the delivery of products and services to their customers?"

The lessons learnt from managing international hostage-takings or sieges can be powerfully applied to the business world as Philip discusses in the podcast.

He shares practical advice on crisis management both at an organisational and individual level that can immediately be put into action.

We hope you enjoy the podcast and as always, this series is shaped by you, our listeners. So if you have a question or topic you want Philip to tackle, send it over to the podcast host Ben here.

Crisis Decision Log article referred to in the podcast can be accessed here.

Is there no such thing as a bad question?

Well, maybe.

But, when we asked Philip Williams what was the one thing he believed to be true about negotiation, this was his answer:

"There is no such thing as a bad question.

Provided..."

What the caveat is, you'll have to listen to find out...

What do you do when parties feel they have nothing to lose?

This #askanegotiator question comes from a Practice Support Lawyer at a London law firm.

The question can be interpreted in a number of ways.

Is it about a party who has lost everything already? Is it that the party feels so powerful they feel they are bound to win? Or perhaps refers to a party that is parking any thought of loss because this is a matter of principle and they won't compromise?

Regardless of how you interpret it, the core component of the question is around 'loss'.

When it comes to getting what you want in a negotiation, 'loss' is a powerful force for influence and persuasion.

Why and how do you use it?

Listen to our podcast to find out.

What is the 20% that is going to deliver 80% of the results in your negotiation?

It's not surprising that this #askanegotiator question was submitted by a Sales and Marketing Director.

The 80/20 principle is commonly used in business to focus efforts and resources on that which will deliver maximum results.

We all want to be effective and efficient in everything we do.

So, can this principle be applied to negotiation? That fundamental life skill we use all the time?

We don't think it has been attempted before, but Philip Williams, former Hostage and Crisis Negotiator gives it a go.

Listen to our podcast to find out the rest...

Are you enjoying this series? Perhaps you've agreed or disagreed with Philip on some of his answers? Has any of the advice helped you? Would you like to submit a question of your own?

If so, contact the podcast host Ben here.

s a Hostage and Crisis Negotiator, Philip Williams was regularly called in to save lives. On far more occasions than not, he did.

But, what about when he couldn't. What then? This is the question that was posed by one of our listeners to Philip:

"Have there been occasions when a hostage has died and if so, how did you react and what did you change in the moment and going forward?"

Success often hinges on how well we respond to adversity. When we are tired, anxious, stressed, angry or sad.

That's why this is such a good question. So, what can you learn about handling extreme adversity in your negotiations from a Hostage and Crisis Negotiator?

The litmus test for Philip...

It's three o'clock in the morning, he's been called to the top of a building in the pouring rain and is confronted with a man threatening to jump ...

You can confidentially submit your question for Philip to tackle by emailing Ben at bthomson@cedr.com.

Have you ever felt powerless in a negotiation?

Or felt like you were backed into a corner and had no choice other than to accept what the other side was proposing?

It can leave you feeling dejected and angry as well as being on the blunt end of a bad deal.

Our experience of working with people all over the world tells us this is sadly quite a common ordeal.

This is why we chose to tackle it in the latest episode in our #askanegotiator podcast series.

Philip Williams, a former Hostage and Crisis Negotiator faced many situations, where, on the face of it, you would think he had no choice - to give in and give the terrorists what they want.

He shares how you can start to reclaim control in your negotiations and achieve more mutually beneficial outcomes.

You can confidentially submit your question for Philip to tackle by emailing Ben at bthomson@cedr.com.

What is the Anatomy of a Good Negotiator?

This is the first question that Philip Williams, Hostage and Crisis Negotiator and CEDR Trainer tackled in our #askanegotiator podcast series.

The skills and insights Philip shares in this series are exactly those that he used to save lives in some of the most challenging situations, from armed sieges and international hostage-taking to engaging with people on the brink of committing suicide and negotiating peaceful resolutions with terrorists.

Having also worked in the commercial world, Philip believes these same skills can help people save business relationships, personal reputations and in some cases entire organisations.

The #askanegotiator podcast series is all about answering the questions on negotiation you want answering. It doesn't matter if it is theoretical, a specific situation or a skill you would like help with, we'd love to put your challenge to Philip.

If you would like to confidentially submit a topic for Philip to tackle, contact Ben at bthomson@cedr.com.

In our third podcast on Investor-State Mediation, James South (Managing Director, CEDR) interviews Meg Kinnear (Secretary-General, ICSID) about the continuing progress mediation is making in the field of Investor-State Dispute Resolution.

James and Meg Discuss:

The drafting of the ISCID Convention,
Why now is the right time to reconsider our approach to Investor-State Dispute Resolution,
The future direction of mediation in this field and how to bring it into the mainstream

Investor-State Mediation is one of the newest and most interesting frontiers in international dispute resolution.

In this podcast, James South (Managing Director, CEDR) and Frauke Nitschke (Senior Legal Counsel, ICSID) look at the framework for the development of Investor-State Mediation as well as four key factors integral to it becoming widely adopted:

Buy-in of stakeholders, users, lawyers, government officials and institutions
Key structural and process reforms
Development of a credible cadre of mediators
Awareness-raising

Investor-State Mediation is a growth area in international dispute resolution and one that CEDR has been at the forefront of developing alongside International Centre for Settlement of Investment Disputes (ICSID) and The International Energy Charter.

Wolf von Kumberg, International Arbitrator & CEDR Mediator gives an overview of Investor-State Mediation, including:

What are Investor-State Disputes?
What is Investor-State Mediation?
Benefits of Investor-State Mediation
Unique Challenges of Investor-State Disputes