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This article first appeared in the May 2022 edition of The Journal of the Law Society of Scotland. Mediation provides opportunities for insolvency practitioners and defender directors to negotiate better outcomes, Rachael Bicknell argues. It has recently been observed...

This article first appeared in the December 2021 edition of The Journal of the Law Society of Scotland. Mediation is likely to lead to better outcomes than litigation when it comes to inheritance disputes, Rachael Bicknell believes.  Blood is not always thicker than...

This article first appeared in the October 2021 edition of The Journal of the Law Society of Scotland. The value of mediation is becoming recognised in agricultural disputes, and not only those relating to tenancies. Rachael Bicknell explains its particular...

Scotland is still waiting for legislation supporting the use of mediation in civil disputes, but contract drafters can improve their client's position through dispute resolution provisions One of my favourite television adverts was the genius O2 campaign “Be More...

John F Kennedy famously stated in 1959: “When written in Chinese, the word 'crisis' is composed of two characters – one represents danger and one represents opportunity.” (The quote has been described, more recently, as a linguistic faux pas.) The danger he was...

Have you heard the one about the dancing bear? “Litigation is like dancing with a bear. You decide when the dance starts. The bear decides when it stops”. The sentiment is not a new one. In the late 19th century an American journalist wrote “litigation is a machine...

One of my favourite television adverts was the genius O2 campaign “Be More Dog”. You might remember it follows a day in the life of a cat – “I used to be a cat, aloof till lunch then coldly indifferent after”. Suddenly the cat realises its tedious existence could be...

As handshakes are replaced with head nods and the economic impact of the COVID19 pandemic begins to take hold in the UK, businesses need to be more innovative now than ever before. It is difficult to comprehend how quickly things have moved on in the last two weeks,...

Yesterday’s statement from the Duke and Duchess of Sussex, that they will be stepping back from the Royal Family and work, sent shock waves through the media and the nation. It quickly transpired that the announcement was made without consulting the Queen or Prince...

Tomorrow we take to the polls in what has been, latterly, a roller-coaster campaign trail. Only two weeks ago pollsters YouGov predicted a Conservative landslide with a 68 seat majority. Today its new projection is that Boris Johnson is on course for a majority of...