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Mediation and the Irish Tracker Mortgage Scandal

The tracker mortgage scandal filled broadcast, social and print media in Ireland for weeks and, in terms of its impact on citizens and financial cost to the State and/or state-sponsored entities, maybe second only to the Hep C / HIV contaminated blood products scandal. Opposition Front Bench TD Michael McGrath has suggested that the ultimate […]

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Letter from America

“When you go will you send back, A letter from America?” The title lyrics to the hit Proclaimers song captures how my career and work in Europe and the UK has drawn on experience and lessons from the USA; something I reflected on recently while in Boston. With 2017 marking the bicentennial of Harvard Law […]

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Brexit Negotiations and the ‘Ancient Regime’ – where are the mediators?

Regardless of your views on Brexit, one cannot escape the reality that the negotiations so far have been wrought with difficulty. Recently, on Radio 4’s PM programme I was asked, “If Brexit really is a divorce and a messy one at that would a mediator help?” With over 20 years of experience in extremely difficult […]

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Clinical Negligence Mediation – more to offer than a JSM?

I have had lawyers say to me: “We don’t need to mediate; we know how to negotiate.”  This seems like a more extreme version of “We can settle cases ourselves at Joint Settlement Meeting (JSM) and mediation doesn’t add anything.”  It misses a major option for negotiators. Increasing the options Some cases can be resolved […]

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No Tribunal Fees? – It still pays to mediate

When Employment Tribunal fees were introduced, with effect from 29 July 2013, there was an immediate drop in the number of claims made. Last month The Supreme Court has said that the law imposing fees prevents access to justice and is therefore unlawful. The Government will now stop charging fees and will reimburse the fees […]

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