YMG Guest Interview - Rachael Bicknell, Director, Squaring Circles

This month's YMG feature is an interview with mediation entrepreneur, Rachael Bicknell, Director of Squaring Circles.

Q1) Please could you provide us with a short history of your working career as an introduction to our readers?

I started my career at Burness Paull and was almost a property lawyer and then a banking lawyer before realising that dispute resolution was my calling. I was introduced to mediation at the end of my traineeship and was instantly fascinated by both the skills of the mediator and the effectiveness of a collaborative approach to resolving business and commercial disputes. I attended many mediation workshops and master classes over the coming years, and became an accredited mediator in 2015.

Q2) What led you to open your business Squaring Circles – please can you tell us a bit about your business?

A few years ago, my passion for mediation led to an interest in negotiation theory and practice. Traditionally, many litigators strive to be masterful advocates and highly skilled in presenting legal arguments. But I wanted to take a different path and become a skilled negotiator because I believe that most disputes are capable of achieving better outcomes through negotiation and/or mediation.

So, I founded Squaring Circles in October 2019 to offer legal consultancy, negotiation and mediation services. In May, we also launched our online dispute resolution service and became the first business in Scotland to bring together a panel of dispute resolvers comprising mediators and arbitrators, specially designed ODR schemes including med-arb (with different neutrals) and easy to use, market leading ODR technology for the resolution of disputes entirely online. The panel members, in addition to me, are Angela Grahame Q.C, Compass Advocates and former Vice-Dean of the Faculty of Advocates; Susanne Tanner Q.C,  Director of Ampersand Advocates; Gillian Carmichael Lemaire, Member of the Paris Bar; Sheila Webster, Partner at Davidson Chalmers Stewart; Pamela Lyall, Scotland’s Mediator of the Year 2014; and; Dr Tom Hutcheson, international negotiator and mediator.

Q3) Please can you tell us something that you have found surprising about mediation?

The thing I find most surprising about mediation is how under used it is in Scotland, and when it is used, how late it is used as compared to other jurisdictions. In the US most cases are mediated as soon as court proceedings are commenced. That’s largely influenced by costs not automatically following success, and the prevalence of lawyers charging contingency fees. In England, as we know, parties are often incentivised to mediate, due to the potential for adverse costs awards if a reasonable offer to mediate is refused. In some regions of Ontario, automatic/mandatory mediation has been in place for 20 years. Scotland, I believe, has a lot of catching up to do and I would encourage all solicitors and mediators (practising and aspiring) in Scotland, to respond to the Scottish Government consultation (hopefully later this year) which will consider the recommendations of the Scottish Mediation Report “Bringing Mediation into the Mainstream in Civil Justice in Scotland. I, for one, support legislative change to promote and increase the use of mediation in Scotland.  

Q4) Do you have any particular good or bad experiences of mediation that you would like to share with our readers? 

I have not had a bad experience of mediation, either as a mediation advocate or a mediator. I have participated in mediations where a resolution has not been agreed and would advise that not all mediations will result in agreement, nor should they.

I have certainly participated in challenging mediations. For example, I am currently appointed in an online community mediation in a long running battle between neighbours. Both parties feel hugely aggrieved and victimised and they can’t face a joint session. It is hugely challenging to manage the parties, who are not represented, and to keep control of the mediation process, far more so, I would say, than any of the commercial disputes I have mediated or been involved in.

As my experience of mediation has grown, I have learned to embrace what I think of as the 'imperfection' of mediation. By that I mean, that at the end of every mediation, as part of the self-evaluation process, you must reflect on what you could have done differently. In my view, mediators need to embrace that and accept that mediation is a constant learning process.

Q5) What advice would you give to someone who would like to pursue a career in dispute resolution / mediation.

If this is a career path that enthuses you, go for it! Once you are an accredited mediator, seek experience as an assistant mediator and volunteer as a mediator through, for example, Edinburgh Sheriff Court Mediation Service or the Mediation Clinic at the University of Strathclyde. Connect with mediators on LinkedIn and Twitter. There is a very supportive mediation community out there in Scotland, the UK and internationally. I also encourage any aspiring mediator to connect with or contact me. I would also encourage anyone interested in dispute resolution / mediation to raise awareness of The Scottish Mediation Charter within their organisations, businesses and places of employment.

We would like to thank Rachael for her time and valuable insight.