MEDIATION POST #330 – A SENSITIVE SUBJECT
MEDIATION POST #330.
A SENSITIVE SUBJECT
A friend was telling me about a play he had seen recently in the West End. Not Shakespeare or Shaw or Pinter or Agatha Christie or Noel Coward. I don’t know the title or the playwright but it was a play that dealt with modern themes – in particular experimenting in marriages and relationships and intimacy.
Looking back – I am in the senior citizen category – I have always seen the mid 1960’s as a moment of change. Life was pretty straight-laced. Yes there were Teddy Boys and Knife Crime and the Death Penalty but you doffed your school cap – yes school caps – when a hearse passed by in the road laden with flowers; the phrase “your Sunday best” meant you were dressed smartly; relatives were addressed as “Aunt” and “Uncle”. Family life was stable and very rarely did you learn of divorce. Then along came liberation, fulfilment, Woodstock, drugs and self-discovery. Things changed.
The absence of divorce did not necessarily mean most marriages were good. It was just that a divorce was very difficult to obtain and very weighted against the wives. The small number of divorces concealed the large number of fractured marriages and was not evidence that all was well. It wasn’t. A bad marriage often condemned an unhappy couple to pain, confrontation and distress. Sometimes the husband was the victim but much more often it was the wife who suffered the most. Marital violence was a given as the husband went in search of “his bundle of matrimonial rights”.
The pressure for change did, eventually, liberalise unhappy husbands and distressed wives from a relationship of bitterness and worse. The law was changed to make it easier for bad marriages to be bought to an end and people emerged into the daylight blinking as a second chance beckoned to find a long term partner and a happy marriage. Some rejected the option of a binding relationship and, dispensed with vows in church or synagogue preferring, instead, a less formal common law relationship.
Progress comes at a price. For some couples, new found freedoms offered an opportunity to correct the mistakes of the first marriage and enjoy a fulfilling second marriage but, for a greater number, uncertainty persisted and confidence in commitment, love and loyalty faded. Relationships struggled to find permanence and fulfilment as people increasingly asserted a right “to find themselves”.
There are some generalisations here, I accept, but a change for the worse is underway. Life should be about Give and Take with the emphasis on the Giving. But with the focus today more on individual fulfilment the order has been reversed and Taking has the upper hand.
At the end of the day, like most things in life, balance is the key. Excessive emphasis on Taking makes us too selfish and excessive emphasis on Giving makes us too selfless. We need both but in balance. We need individualism, ambition and self-fulfilment but we also need the generosity of sharing and being ever-mindful of the needs of those closest to us.
Perhaps the pendulum has swung too far in the direction of selfish and upsets the required balance where Give and Take can exist in fulfilling harmony.
Enjoy Mother’s Day.
GRAHAM PERRY
Episode
- AN ANXIOUS NEW ARBITRATOR
- AN ARBITRATOR STUMBLES
- ANGER MANAGEMENT
- ARBITRATION – FEES OF ARBITRATORS
- ARBITRATOR/MEDIATOR
- ARBITRATORS FEES AGAIN
- AWKWARD QUESTIONS
- BACK TO BASICS – A MATRIMONIAL MEDIATION
- DETERMINED NEUTRALITY
- DISCRETION
- DISPUTE RESOLUTION
- FAMILY TENSIONS
- FATHER’S LATE WILL
- FRAUDULENT DOCUMENTS
- GENDER ISSUES AT SCHOOL
- HOUSING AFGHANISTAN REFUGEES
- LATE APPLICATION TO SUBMIT NEW EVIDENCE
- LENGTHY ORAL SUBMISSIONS
- MEDIATION - ANGER MANAGEMENT
- MEDIATION – DENTISTS DISAGREE
- NEIGHBOUR DISPUTES + SECOND HOMES
- NEW WORLD – NEW WORDS
- POST HEARING EVALUATION
- THE ARBITRATOR BECOMES A MEDIATOR
- THE BACKGROUND
- THE BIGGEST SOURCE OF MEDIATION
- THE CORE QUALITY
- THE DOMINATING SOLICITOR
- THE EXPERT WITNESS
- THE FAMILY PROPERTY DISPUTE
- THE FLEXIBILITY OF MEDIATION
- THE MEDIATORS’ SKILLS
- THE OVER-ACTIVE PARTY LAWYER
- THE STORY SO FAR
- TO INTERVENE OR NOT TO INTERVENE
- TRADE ARBITRATORS + LAWYER ARBITRATORS
- UKRAINIAN REFUGEES
- WORDS MATTER
- WRITERS’ BLOCK
Graham Perry On Dispute Resolution
This website serves a number of purposes.
First, it enables me to bring my skills and experience to a wider audience. I remain active as an arbitrator, a mediator, a party advacate and this website tells you about me.
Second, it fulfils a long-held desire to promote a forum for discussion of dispute resolution issues. I have for 20 years been the Chair of the Arbitration Lunch Club together with the Hon Secretary, David Barnett. Pre-Covid we would meet three times a year for a Lunch sponsored by a City of London Law Firm and at the Lunches we would hold a discussion of two topical dispute resolution issues sometimes with the participation of Judges Woolf, Rix, Coleman and Sumption. Covid has triggered the Club to go Zoom-wide with participants drawn from around the world.
Third, there is a current need for a lively inter-active website that, on a daily basis, enables dispute resolvers from around the world to participate in discussion, debate, and disagreement on issues affecting the conduct and development of arbitration and mediation. Contributions can be academic as well as practical; studious as well as flippant; argumentative as well as collegiate.
Why not read my articles on dispute resolution.?
Should you need any advice or require my services contact me today!
Goals
My goal is to make the website lively and encouraging to arbitrators and mediators; to put restraint and self-consciousness to one side and play their part in making dispute resolution lively, informative and progressive. We are always moving forward. Elsewhere on this site, you will find a page which tells you how to become involved.
SOMETHING UNUSUAL
Here’s an interesting situation.
You are a party-appointed arbitrator in a Tribunal of 3. The parties are buying and selling soya beans. They have a falling out over the terms of a Trade Agreement.
Sellers sues Buyer. The dispute is commercial and relates to the minimum quantities in monthly shipments over a 12 month period. A normal commercial dispute.
But then fireworks and Buyers send strongly worded letters to public bodies alleging that Sellers have committed fraud. Sellers argue that they have been libelled and add a claim for damages for libel to the claim about minimum quantities.
Does the Tribunal have to address the libel claim? Two arguments;-
1. The arbitrators are commercial people appointed for their commercial knowledge. They know nothing about libel. They refuse to adjudge the libel claim.
2. They have to handle the libel claim. It is a dispute. The parties want the arbitrators to decide the claim. The arbitrators have no choice. Deal with it.
This issue went to the courts and the Commercial Court made a judgment. But let me throw this open for comment. How do you think the arbitrators should act. Let me hear from you and then I will let you know what the Court said.
Graham Perry.
A Family Mediation
You are a family mediator. You are approached jointly by a husband and wife for assistance in a matrimonial break up. There are two children of the marriage – a boy aged 12 and a girl aged 14. They are both represented by separate solicitors.
The mediation proceeds. A mediation agreement is signed. Letters are exchanged. Meetings take place. You become aware that there are personal issues between the parents concerning their relationship. They do not concern you as such because the divorce is proceeding and these personal issues do not impinge upon the issues in dispute which are to do with financial arrangements, holiday arrangements and involvement with schools. In due course, these matters are agreed and recorded in the Final Agreement which is signed by the husband, the wife and yourself. Your fee is paid.
Three years later your wife has passed away through illness and you are alone without children. In a social setting, you happen to meet up with the wife and a relationship commences. Out of the blue, you receive a letter from the former husband’s solicitors alleging non-disclosure by you of the relationship which, on their information, was current at the time of the mediation. Further, the letter refers to a lack of impartiality on your part and material non-disclosure of the relationship and indicates a claim for damages will follow.
What do you do?
About Me
Graham Perry qualified as a solicitor in 1973 after graduating from Churchill College, Cambridge where he studied History and Economics. He practised for nine years and then made a major career change to become Managing Director, of London Export, a UK company formed in 1953 to concentrate on trade and business with the Peoples’ Republic of China. Since 1990 Graham has been an international dispute resolver of commercial problems resolving commercial disputes.
Experienced Dispute Resolver
Commenced my career as a dispute resolver combining my legal skills and commercial experience. I am an active arbitrator and trade representative in London with the Grain and Feed Trade Association (GAFTA), the Federation of Oils, Seeds and Fats (FOSFA), the London Metal Exchange (LME) and, occasionally, with the Sugar Association. I have a growing practice in shipping disputes and sit on the arbitration committee of the LME and FOSFA. I am a frequent lecturer and writer on commodity arbitration and mediation, giving lectures in China, India, Ivory Coast, Bhutan and the United Kingdom. I am an accredited CEDR mediator.