The Power of Words: Reflections from the Scottish Mediation Conference 2024

The recent Scottish Mediation Conference at the V&A Dundee provided a powerful reminder of how language and perspective-taking shape our ability to resolve conflicts. As a speaker representing the Young Academy of Scotland, I was struck by the synergy between the conference theme - "The Power of Words" - and our work on breaking down professional silos through cross-disciplinary dialogue. This article looks to provide my understanding of the knowledge shared by presenters, with some additional reflections on lessons I can take back in to my own professional practice. (Prior to consideration of the conference itself, I wished to note the contribution of Vitalii Diakov in providing a sound theoretical basis for me to engage in the content of the day. I also want to thank Graham Boyack for providing us a platform to share our work around the Cross Pollinating Perspectives project. This step was something which was noted as feedback from our attendance at the Scotonomics festival and offered a helpful baseline from which to build).

The conference began with some opening remarks from the new chair Tracey Chrystal (a previous colleague from Scottish Enterprise) speaking to the role mediation can play and the importance of finding commonality through the words we use. Before the formal proceedings began, we were treated to an inspiring demonstration of mediation's impact from its youngest practitioners - peer mediators from both primary and secondary schools across Scotland. Students from Auchmuty High School and Auchinraith Primary School shared their experiences of transforming playground disputes and classroom tensions through mediation. Their confidence in explaining how they handle conflicts - from social media disagreements to name-calling incidents - was remarkable. What struck me most was their sophisticated understanding of creating "quiet spaces" where fellow students could openly discuss their concerns. These young mediators demonstrated how taking ownership of conflict resolution at an early age not only helps resolve immediate issues but develops crucial communication skills for life. Their presentations set a powerful tone for the day, reminding us that the foundations of effective mediation - active listening, empathy, and careful communication - are skills that can be cultivated from an early age.

The morning keynote from Ber Barry-Murray , the outgoing President of the Mediators Institute of Ireland, built strongly on the foundations laid by our young mediators. Her narrative of Ireland's seven-year journey since implementing the Mediation Act 2017 demonstrated how enthusiasm for mediation can grow into systemic change. She explained how Ireland's approach evolved from viewing mediation as an "alternative" to embedding it as an integral part of their civil justice landscape. Bers presentation was particularly compelling in its exploration of cultural transformation. She described how Ireland moved from having no formal registry of mediators to developing a sophisticated framework that works hand-in-hand with the legal system. The growth to approximately 1,500 mediators across Ireland represents not just a numerical increase, but a fundamental shift in how society approaches conflict resolution.

What resonated deeply was her emphasis on diversity within the mediation community. Drawing practitioners from social science, legal, finance, and community backgrounds has enabled Irish mediation to address an increasingly broad spectrum of disputes. This diversity has proved particularly valuable in handling sensitive cultural issues, such as mediating disputes within Ireland's Travelling community. There was also a recognition that mediation as a concept had now achieved formal recognition and become common language. The statistics she shared were impressive, but it was the human stories that truly illustrated mediation's impact:

• The Family Mediation Service's success in handling over 3,000 cases in 2022 demonstrated how free access to mediation can prevent court systems from becoming overwhelmed with separation cases. More than just numbers, this represented thousands of families finding more constructive ways to navigate difficult transitions.
• The Financial Services and Pensions Ombudsman's achievement in resolving 70% of complaints through mediation showed how technical disputes can be humanised through skilled intervention. The tracker mortgage cases were particularly noteworthy, illustrating how mediation can address systemic issues while meeting individual needs.
• Perhaps most striking was the Injuries Resolution Board's remarkable impact: €2.2 billion in savings and ￡75 million in avoided litigation costs in 2023. These figures beautifully illustrated how investing in mediation can create both social and economic benefits.

Bers discussion of the organ retention scandal particularly captured the audience's attention. She explained how traditional legal processes could only offer financial compensation, while families primarily sought meaningful apologies and recognition of their experiences. This case perfectly illustrated how mediation can address emotional and psychological needs that courts might struggle to meet.

Catching Ber after her presentation, I sought clarification on one of her slides around the "Island of Ireland" recognising the different legal systems which underpin the nations of the Republic and Northern Ireland. She highlighted that the The Mediators' Institute of Ireland brought together members from both countries, with a recognition of the value that comes from working together to share practice and explore specific projects.

Following this inspiring keynote, I attended the workshop "How We Live Together - Conflict Triggers" led by Anne Dick and Professor Naomi Head . The session offered a fascinating exploration of how language shapes both our understanding and experience of conflict within communities, weaving together practical mediation experience with academic insights. Anne brought a uniquely valuable perspective, drawing on her journey from family lawyer to mediator. As the first solicitor accredited by the Law Society of Scotland as a family mediator, she shared profound insights into how different professional vocabularies create entirely different contexts for resolution. Naomi complemented these practical insights with fascinating perspectives from her research in International Relations at the University of Glasgow.

The workshop took an innovative approach to exploring these themes through carefully structured interactive exercises. Participants examined real-world language and how we these words carried weight in relation to how we use them. Alongside an opportunity for me to consider the notion of "even-handedness", there was exploration of words such as "control" "safe" "confidential" and "respect". Each of these concepts requires careful consideration, and an understanding of their different applications based on the type of mediation being explored e.g. family, civic etc. This exercise vividly demonstrated how our professional backgrounds influence our interpretation of conflicts and our instinctive approaches to resolution.

Following the morning sessions, Vitalii and myself had the privilege of presenting the Young Academy of Scotland's Cross-Pollinating Perspectives project, an initiative that resonates deeply with the conference's theme of "The Power of Words". Our presentation explored how different professional disciplines often speak different languages, creating unintended barriers to understanding and collaboration. The Young Academy of Scotland brings together early-career professionals from across public, private, academic and societal sectors, all committed to addressing Scotland's complex challenges. However, we recognised a common pattern: we often validate our thoughts and experiences primarily with those who share our professional background. This tendency creates what we call 'professional silos', where expertise becomes isolated rather than integrated.

Our Cross-Pollinating Perspectives project emerged as a response to this challenge. Rather than having members attend events solely within their own fields, we developed a structured approach to interdisciplinary learning. The project's pilot phase, conducted at the Scotonomics Festival in Dundee earlier this year, demonstrated the power of bringing diverse professional perspectives to complex economic discussions. What makes our approach unique is its emphasis on structured reflection. Using Gibbs' reflective cycle, we guide participants through a careful consideration of their experiences, feelings, evaluations and analyses. This framework helps transform passive attendance into active learning, enabling participants to identify both challenges and opportunities in cross-disciplinary communication.

The results have been illuminating. We discovered that the same skills central to effective mediation - active listening, perspective-taking, and careful attention to language - are equally vital for cross-sector collaboration. Just as mediators create safe spaces for dialogue across conflict lines, our project facilitates understanding across professional boundaries. During the presentation, I shared specific examples from our pilot, including how an anatomist's perspective enriched discussions about economic systems, and how a private sector consultant's insights enhanced understanding of public service delivery. These examples illustrated how different professional languages and frameworks can complement rather than compete with each other. The audience engagement was particularly rewarding, with mediators in the room immediately recognising parallels between our work and their own practice. Questions focused on how our structured approach to reflection might be adapted for mediation training and how our experiences might inform efforts to bridge divides in complex multi-party mediations.

The afternoon plenary session brought us a masterclass in reflective practice from Michael Lang , whose four decades of experience in mediation provided a rich foundation for exploring how mediators can deepen their practice through structured reflection. Joining us virtually, Lang immediately established a warm connection with the audience through his engaging storytelling approach. He opened with a deceptively simple question: "What makes an effective practitioner?" Drawing from his recent book, "The Guide to Reflective Practice", Michael challenged the common assumption that effectiveness primarily comes from accumulating more knowledge and skills. Instead, he proposed that the key lies in understanding why we do what we do, rather than simply what we do.

Through a series of carefully crafted narratives, Michael illustrated his points with memorable real-world examples. One particularly striking story involved his visit to a dental hygienist, where he observed how the practitioner's deep understanding of the patient's history informed every aspect of care. This analogy beautifully demonstrated how professional expertise involves far more than technical proficiency - it requires a profound understanding of context and relationship.

Michael outlined several key attributes of effective mediators, with a focus on three:

• Curiosity emerged as a foundational quality - not just superficial questioning, but a genuine wonder about people's stories and experiences. He noted how we often lose this natural curiosity as we age, becoming too focused on destinations rather than journeys. In mediation we only get a snapshot of the individual, rather than a complete understanding of their informational experience.
• The concept of 'ceaselessly learning' particularly resonated with the audience. Lang challenged us to consider where we gain additional knowledge, encouraging mediators to look beyond traditional sources. He emphasised the importance of seeing each mediation as a learning opportunity, where participants become our teachers rather than just our clients.
• Perhaps most powerfully, Michael explored the attribute of humility. He advocated for an approach where mediators respect the dignity of all participants while acknowledging their own capabilities. "There are three experts in the room during a mediation," he explained, "and two of them are the disputants." This perspective shifts the mediator's role from problem-solver to facilitator of understanding.

The session concluded with a practical exploration of reflection methods, including both individual journaling and group reflection practices. Michaels emphasis on the value of peer learning and shared reflection sparked considerable interest, particularly given the isolation many mediators experience in their practice.

The afternoon workshop on "Mediation and Neurodiversity" led by Fiona Gray MCIPD, Accredited and Registered Mediator and Cameron Cross offered ground-breaking insights into how mediators can create more inclusive spaces for all participants. What made this session particularly compelling was the blend of professional expertise with lived experience, creating a rich tapestry of practical wisdom and personal understanding. Fiona, drawing from her extensive HR background and current role at Anderson Strathern LLP, began by challenging our fundamental understanding of neurodiversity. Rather than viewing it through a disability lens, she presented neurodiversity as a natural variation in how human brains process information. While one in seven people is believed to be neurodivergent, the actual number may be significantly higher, suggesting that neurodiversity might be a factor in many mediations without practitioners even realising it.

Cameron brought a unique perspective as both an accredited mediator and someone with lived experience of neurodiversity. His background in linguistics and research in Disability and Dehumanisation Studies provided a theoretical framework for understanding how communication styles can either facilitate or hinder successful mediation outcomes. His personal insights into how neurodivergent individuals might experience traditional mediation settings were particularly illuminating.

Breaking in to smaller groups, we had the opportunity to consider key insights in relation to the neurodivergent mind. Our statement considered a study which spoke to neurodivergent employees feeling more exhausted, feel under greater pressure and also feel isolated. I have spoken in the past about my own experiences through dyslexia and the adjustments I make in terms of my working practice. I was happy to share within the group my adaption with certain types of work (concerns around process driven activity where memorising steps can be important, yet excelling in more strategic thinking and finding solutions to problems).

Following feedback to the room, Cameron and Fiona shared a practical example of mediation with neurodivergent participants. They outlined some of the baseline data they were presented from participants and the adjustments that were necessary through the process. The traditional emphasis on joint sessions was reconsidered, with the presenters suggesting a more flexible approach incorporating private sessions and shuttle mediation where appropriate. They discussed how features often seen as 'standard' in mediation - such as maintaining eye contact or reading body language - might need to be reconsidered when working with neurodivergent participants. Particularly valuable was their discussion of environmental considerations. Simple adjustments like controlling lighting, reducing background noise, or providing fidget tools could significantly impact a participant's ability to engage effectively in the mediation process. They emphasised that these adaptations often benefit all participants, not just those who are neurodivergent.

The most powerful moment came during their exploration of workplace mediations involving neurodivergent employees. Real-world examples illustrated how misunderstandings often arise not from ill will, but from different ways of processing information and communicating needs. This led to a broader discussion about how mediators can help parties recognise and appreciate different communication styles and working preferences. These insights connected powerfully back to the conference's central theme about the power of words. The presenters demonstrated how careful attention to language choice and communication methods isn't just about being 'politically correct' - it's about creating genuine accessibility and enabling meaningful participation for all parties in mediation.

As I reflect on the day's rich insights through the lens of my work at Scottish Enterprise, the parallels between effective mediation and successful innovation ecosystem development become strikingly clear. Both domains fundamentally rely on building bridges between different professional cultures and facilitating meaningful dialogue across traditional boundaries. The conference's exploration of "The Power of Words" has particular relevance for those of us working to strengthen Scotland's innovation partnerships. Just as mediators must carefully navigate different communication styles to facilitate resolution, those of us working in innovation must become skilled translators between the languages of academia, industry, public sector and community organisations.

Looking ahead, I see several key applications for my role at Scottish Enterprise. First, the importance of creating safe spaces for innovation dialogue, where partners can openly share challenges and opportunities without fear of judgment. Second, the need to develop better frameworks for translating between different professional languages, particularly when facilitating academic-industry partnerships. Finally, the value of structured reflection in partnership development, helping us learn systematically from each collaboration to strengthen future initiatives.

Our Cross-Pollinating Perspectives project at the Young Academy of Scotland seems more relevant than ever in light of this event. The structured reflection methods we've developed could be valuable tools for exploring the intersection of public, private, academic and social actors, helping partners understand each other's perspectives and build stronger collaborative relationships. The Gibbs reflective cycle, in particular, offers a practical framework for learning from both successes and challenges in partnership development.

Perhaps most importantly, today reinforced success often hinges not on technical solutions but on human understanding. The skills of active listening, perspective-taking, and careful communication that lie at the heart of mediation practice are equally essential for building the trust and mutual understanding that drive successful innovation partnerships.

(P.S. Thanks to Vitalii Diakov , Dr Ourania Varsou and Ben Kirley for their continued support in this project. Also great to reconnect with Lynne Martin on the day)

The power of words

Morning light through Dundee's design house - young voices rise with fresh solutions, playground mediators teaching us to identify our simple truths.

Seven years of change distilled: from courtroom battles to kitchen tables, three thousand families finding ways, legislation learning to speak of healing not just rules and regulations.

In quiet rooms we gather, to study how communities breathe. Professor and practitioner showing how words shape the spaces between neighbours, between stories, between what was and what could be.

Cross-pollination of our perspectives: economists learn the academic tongue, lawyers speak in social change, researchers dance with business minds. Different truths in different rooms, all valid, all incomplete.

Insight appears through screens to teach reflection's careful discipline: the dental chair, the roofing profile, wisdom hiding in the everyday. Recognising the mediated as experts in their own truth.

As afternoon light softens, neurodiversity reshapes our thinking: when we learn to flex our spaces, adjust our words, expand our ways of hearing others' truths.

By day's end we understand: mediation lives between - between the words we choose, between the worlds we know, between the ways we see our truths and others' lived realities.

This is where transformation starts: in young voices rising, in stories crossing borders, in languages learning to embrace not just their own certainties but the spaces in between.