A DURABLE SETTLEMENT? – EPISODE 6

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

14 July 2022

MEDIATION #260

My narratives are fictional. They are contrived to assist arbitrators + mediators to deal with problems that arise in the course of an arbitration – hence the variety of topics, settings, + make believe. The particular facts are contrived but they have their origins in reality. Arbitrators do argue about fees; a matrimonial mediator can fall in love with the wife; villages in the UK are experiencing conflict between long standing villagers and money-minded Townies and, the arrival of Ukrainian refugees will create tensions in inner cities.

In a way the story lines are not important – problems and challenges will always occur and this Column enquires whether the training of Dispute Resolvers is sufficiently broad-minded to assist arbitrators + mediators on the way up. So back to today’s final episode. In truth there could be a happy ending or an unhappy ending.

As it turns out, the USI – with encouragement from the Mediator improves its buy-out proposal to include a larger up-front sum for each LD + an increased contribution to each LD’s pension programme. It has the desired effect + the hardline of a Few LD’s fades away as the bulk of LD’s fall into line. The USI completes its purchase of the ED’s business and the LD’s settle down to a long-term future with an acceptance of increased reporting responsibilities to the Baltimore HQ.

But there could have been a different outcome. US shareholders could have stuck firm + refused to make a new buyout proposal. The ED could have had a falling-out with his wife over funds for a divorce; the LD’s could have lined up with the LD charged with sex offences and paid a price for adverse publicity.

The Mediator needs to be prepared – no ossified thinking; no dull imagination; no vain search for a Happy Ending. The Mediator needs to be alert, aware and ahead always. He/She also needs imagination and a commitment to hard work but most of all?? – the Mediator needs character.

15 JULY 2022 – FOLLOW UP ON ARBITRATORS’ FEES EPISODE

Episode

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