The Better Conflicts Audio Experience

The Better Conflicts Audio Experience

By CEDRBusiness
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The Better Conflicts Audio Experience episodes

  • Felicity Steadman: Commercial Mediation Case - Franchisor and Franchisee

    CEDR Mediator Felicity Steadman details a commercial mediation cases involving a restaurant franchisor and franchisee.
    Video Contents:
    00:00 - The challenge in the case and how to arrive at acceptable discharge and release terms.
    00:20 - Overview of the dispute. Restaurant franchisor and franchisee
    00:29 - Franchisor alleges unethical behaviour on the part of the franchisee
    00:53 - The franchisee was also behind on payments
    00:57 - The value of the claim and the franchisors demands
    01:20 - How to achieve a solution
    01:52 - Participant feedback on the mediator
    02:28 - New learnings for the mediator
    #cedr #restaurant #disputes #mediation

    3 min
  • Stephen Bate: Commercial Mediation - Automotive Manufacturer-Distributor Dispute

    CEDR Mediator Stephen Bate details a dispute he mediated between a motorcycle manufacturer and a distributor.
    Video Contents:
    00:00 - Intro
    00:21 - Dispute between manufacturer and distributor in motorcycle industry
    00:48 - Distributor brings a claim for £20 million
    01:10 - Uncovering the background to the case
    01:26 - The dispute arose because of hand written letter
    01:59 - A joint meeting was set up to resolve the situation
    02:36 - The manufacturer apologises and agrees to a payment
    03:01 - Reciprocity can be very important in a mediation
    To find out more about commercial mediation, contact CEDR at: https://www.cedr.com/commercial/

    #cedr #disputeresolution #automotive #motorcycle #motorbike #manufacturing #mediation

    4 min
  • Fiona Colquhoun: Power Imbalances and Fostering Participant Equity in a Transgender Policy Mediation

    CEDR Mediator Fiona Colquhoun discusses Power Imbalances and Fostering Participant Equity in a Transgender Policy Mediation:
    Video Contents:
    00:00 - Identifying a potential power imbalance
    00:21 - A multi-national implements a new set of transgender policies
    00:41 - A parent of a young child challenges the organisations new policies
    00:56 - Identifying the issue the parent/s had with the new policies
    01:24 - Moving towards a solution
    01:26 - Asking two or three people to be present and conduct joint sessions
    01:41 - The authority for policies rested with the board of trustees, and they all wanted to be involved in some way in the mediation
    02:00 - Everybody participated but not at the same time, this ensured it wasn't a one sided mediation
    02:16 - A full agreement on the new policies was reached after four months of discussions
    #cedr #mediation #charity #disputes #LGTBQ

    3 min
  • Eve Pienaar - How to Overcome Power Imbalances in Construction Mediations

    Contents:
    00:00 - Intro
    00:07 - The claimant was unable to bring the claim because they had gone insolvent
    00:18 - Big residential construction dispute in London
    00:24 - Three adjudications already carried out on extensions of time
    00:30 - The individuals had already racked up hundreds of thousands of pounds in legal disputes and were seeking a claim of over £2million
    00:45 - Getting to the solution
    00:51 - Exploring the final accounts and looking at how the parties had parted ways
    01:02 - The way to move past was to have numerous joint sessions
    01:12 - Using a screen to display the final account so both parties could decide where they could see some potential movements and concessions
    01:20 - They didn't settle on the day because they had unrealistic expectations going into the day, but because of the joint sessions, they were able to settle soon after with the help of the mediator
    #cedr #mediation #construction #building #disputes

    2 min
  • Navigating Banking Workplace Mediations

    CEDR Mediator Neil Goodrum discusses workplace mediations in the banking and finance sector.

    Contents:
    00:00 - Intro
    00:12 - Overview of the case
    00:28 - Why the case was taking place
    01:16 - Neither side wanted to make an offer
    01:32 - How to move parties towards a solution
    02:12 - Finding a different framework
    03:00 - Employment is about peoples identity
    03:38 - Reaching a resolution
    #cedr #mediation #finance #banking

    5 min
  • Importance of Decision Makers Attendance at Banking Mediations

    CEDR Mediator Nick Pearson discusses a mediation he conducted between a bank and an organisation in the Middle East - and how it is key in such mediations to have senior individuals present.

    Contents:
    00:00 - Intro
    00:15 - During a financial crisis, a bank aggressively demanded payment from an organisation in the Middle East
    00:42 - The head of the organisation sued the bank claiming misrepresentation
    00:58 - Mediation took place in London
    01:15 - Insisting that someone senior from the bank should be present
    01:35 - The bank sent a senior person
    01:50 - Discussing the ongoing issues
    02:17 - Making sure the right parties were present was the key to resolving the deadlock
    #cedr #mediation #finance #banking

    3 min
  • 10th CEDR Mediation Audit - What you Need to Know

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

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

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

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

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

    7 min
  • CEDR and BIICL | Breathing Space Podcast Series | Epiosde 4

    CEDR is proud to partner with the British Institute of International and Comparative Law (BIICL) on a new podcast series on smarter approaches to dispute resolution.

    This series brings together BIICL’s ‘Breathing Space Series’ which aims to help safeguard commercial activity in the wake of the COVID-19 pandemic and CEDR’s vision of ‘Better conflicts, better outcomes leading to a better world’.

    While looking at issues relating to the COVID-19 pandemic, the series will also look at evolving attitudes to dispute resolution, future trends and advice from leading conflict specialists.

    Podcast 4 features:

    • Eve Pienaar, CEDR Mediator, Trainer & Lawyer
    • Paula Hodges KC, Head of Global Arbitration Practice, Herbert Smith Freehills
    • Mr Justice Adam Johnson, High Court Judge
    • Ben Thomson (facilitator), Marketing Team Manager, CEDR
    • In it, they discuss:

      • Legal proceedings, both going to court and arbitration
      • Interaction between formal legal proceedings and ADR
      • Virtual proceedings and environment supporting smarter dispute resolution
      • More information on BIICL’s Breathing Space Series and access to the three Concept Notes can be found here.

        33 min
      • Conflict Engagement Skills for Leaders | Episode 3

        A lot has been written about leadership skills, especially recently.


        However, what is often missing from these works is a leader’s role in managing conflict or emerging conflict situations within an organisation.

        In this podcast series, James South, CEO at CEDR will explore the mediator and conflict engagement skills he utilises every day in his role as a leader.

        “When opening the conversation, your tone is crucial. Don’t seek to come in and persuade, or shut the conversation down – come from a position of genuine curiosity.”

        As with anything in your professional life, if you don’t prepare effectively or start the conversation well, it severely limits the opportunity for a successful outcome.

        This episode dissects the anatomy of having a difficult conversation and provides leaders with ‘Six Tips on How to Prepare and Start Well’

        19 min
      • The Practicalities of Making a Success of Mandatory Mediation

        Following the Woolf reforms in the late 90s, are we on the precipice of another great wave in the uptake of mediation in the United Kingdom?

        There is increasing support for greater use of mediation from both the judiciary, in particular the Master of the Rolls, Sir Geoffrey Voss and the UK government, who intends to introduce mandatory mediation in all contested claims under £10,000 in the country court in England and Wales.

        This podcast, recorded remotely, explores the practicalities of making a success of mandatory mediation.

        It features:

        • James South, CEO and Mediator, CEDR
        • Rebecca Clark, Mediator and Chair of the Civil Mediation Council
        • Iain Christie, Barrister and Mediator
        • For more information about CEDR's view on mandatory mediation, read James Souths' white paper 'Mandatory Mediation - Everything you Need to Know' here.

          57 min

        About The Better Conflicts Audio Experience

        From the publisher's feed

        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…

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