ARBITRATION – MEDIATION REVIEW – EPISODE 1

Written by Graham Perry

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

29 June 2022

MEDIATION #250

A pause whilst this Column reviews its way forward. In a phrase – More Of The Same. That is to say fictional arbitrations + mediations designed to illustrate challenges to arbitrators + mediators as they go about their work.

This Column emerged from my work as a football referee where at our monthly meetings, we referees were encouraged to relate incidents that had occurred in a match + to review our decisions on the field of play. “This is What Happened. This is What I Did. Was I Right or Wrong? Did I need to issue a Yellow Card? Should I have Sent Off the player? Were my Words of Censure Wrong?”

In the process of review, the focus would be on the mindset of the referee – his/her attitudes, instincts, temperament, preferences. We would encourage referees to review their mental approach – did they have an agenda? Were they open-minded? Could they detect mistaken decisions that originated in mistaken mind-set priorities? All good stuff.

The same approach applies to Arbitrators/Mediators. We need to look into ourselves + our actions to check on our approach/actions. With this in mind scenarios are created to illustrate issues that arise in our daily work. “Did I approach this issue correctly? Did I become too subjective + single-minded? Did I allow myself to become provoked by an advocate? Was I cool under challenge? How did I get on with fellow arbitrators/mediators? Did egos come into play? Was I collegiate or competitive?”

Looking ahead the next arbitration will focus on the sensitive issue of arbitrators’ fees. Then a mediation on tensions within a Dental Practice about Expansion v Consolidation. Then an arbitrator with problems at home and consequences to his/her workload. Finally, a mediation based on tensions in a Big City Borough when the Caravans of some Travellers appear in the local playing fields.

30 JUNE 2022. ARBITRATORS’ DIFFERENT FEES. HMMM!

Episode

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