ARBITRATION – FEES OF ARBITRATORS – EPISODE 5

Written by Graham Perry

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

6 July 2022

MEDIATION #256

So what did you say in your phonecall to BC?

“I genuinely hope this is a good phonecall and not a bad phonecall.  We have a sensitive issue between us + I hope that we can make progress + end up as good friends and not as angry colleagues.

For me, there are two problems – first; it is best for all of us – we, the arbitrators; the parties; and the administrators if we conclude the arbitration without referral or investigation. Second, and I can’t beat around the bush, we do need to look at the differences in the fees you have charged as against the fees of myself (A) and C.

I will be honest +  confidential – I do think you are charging at too high a rate for too long a time. Looking to the future I would like to say gently but honestly that persisting with your high fees in this case is likely to bring about lower income in the future as the chat in the arbitration world gathers pace.

You know there is gossip + comment and it will come out in one way or another – certainly not from me – but the issue will slip out. In my view and – please do not hit the roof when I say this – it will be bad for all of us but I think you will come off the worst.

You may not like my straightforward words but it is best if we face reality. Let’s put this to bed, settle it amongst ourselves, remain friends and colleagues, + deny the gossip the raw material for chat at our expense. Looking at specifics I am content to reduce my fee from £225 to £200. This will leave our Chair at £275 as she has done the work and you at £250. Your finances will be assisted in the long term if your rate is reduced in the short term and a final word – see if you can trim your hours.”

COMMENCING 7 JULY.  A NEW MEDIATION

STRAINS WITHIN A GROWING DENTAL PRACTICE

Episode

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