Mediation lawyers can apply

The Society's panel of mediation experts, set up to review and recommend accreditation of applicants as specialist commercial mediators, has announced that it is now prepared to accredit those who have experience in undertaking mediations on behalf of clients as well as those who act as mediators. The panel consists currently of Douglas Russell, Simpson & Marwick; Martin Sales, Biggart Baillie; Gordon Hollerin, Semple Fraser; and Vincent Connor, Pinsent Masons.

The Government's Business Experts and Law Forum Report (2008) noted the value that businesses place on avoiding litigation and highlighted mediation as a key dispute resolution tool. Vincent Connor, head of the Asia Pacific region of Pinsent Masons and a specialist in construction law, is based in Hong Kong and is qualified both there and in Scotland. Comparing the position in Hong Kong with that in Scotland, he commented:

"Commercial mediation in Hong Kong is still a relatively new mode of dispute resolution; however in the construction sector mediation is well established. The majority of public work contracts include mediation provisions. Many major contracts such as the Hong Kong Airport Core Programme had mandatory mediation provisions in which 80% of all disputes were resolved. The new MTR (the light rail organisation) contracts for Hong Kong also include mandatory mediation provisions, as do most public work contracts, e.g. for constructing or the expansion of existing roadways and bridges.

"There is appetite for the development of mediation in Hong Kong among legislators and some members of the judiciary. After a time of financial uncertainty, many businesses are looking at more cost effective methods of dispute resolution than litigation and arbitration. The Government sees the expansion of mediation services in Hong Kong aiding in its ambition to retain its label as an international financial services centre and the preferred 'gateway to China' for Western businesses."

"Although mediation is more established in Hong Kong than in Scotland, the respective governments do share a similar goal to make their countries centres for dispute resolution services. Interest in commercial mediation continues to run high in Scotland despite the uptake of mediation as a dispute resolution tool remaining relatively modest. The Law Society of Scotland remains committed to finding ways to ensure that knowhow of and experience in commercial mediation in Scotland is provided and maintained in the interests of clients and the profession."