DO YOU STEP IN AND DECIDE?

DO YOU STEP IN AND DECIDE?

COMMENT FOR THE DAY #51 MEDIATION Yes – you step in and decide. You will be bringing the parties together. You will be doing what they want you to do. You will have brought about mediation of the dispute. The agreement has been reached. Job well done....
TO DECIDE OR NOT TO DECIDE

TO DECIDE OR NOT TO DECIDE

COMMENT OF THE DAY MEDIATION The parties have asked you to decide the one remaining issue in dispute between the parties. Do you agree to their request? THE NO ARGUMENT You are the mediator – not the arbitrator. You cannot decide on an issue. Your task is to...
WHAT KIND OF AWARD?

WHAT KIND OF AWARD?

COMMENT OF THE DAY #48 ARBITRATION Repeating – every award is a final award. There can be no interim award because that word suggests that the award is not a final award. There can be a final award on a preliminary matter – such as jurisdiction or which...
CAN A MEDIATOR DECIDE A CASE?

CAN A MEDIATOR DECIDE A CASE?

COMMENT OF THE DAY #47 MEDIATION At the end of a long day + lengthy negotiations, the parties are unable to achieve a settlement. There is one sticking point + they ask you to decide the issue for them. – What do you do? Interesting. You are a mediator. Your job...
WHAT KIND OF AN AWARD

WHAT KIND OF AN AWARD

COMMENT OF THE DAY #45 ARBITRATION In post No 45 I focused on the different titles given to arbitrators’ awards and considered an award on a preliminary issue. It is not a preliminary award – the award is final but it is on one aspect of the dispute...