by Graham Perry | Feb 23, 2021 | Arbitration, Law, Thought For The Day
You have to have Character but do you also need to have Personality? Temperament, charm, likeability – these are the words associated with Personality as distinct from Character which is knowing the difference between right and wrong. Personality is not being...
by Graham Perry | Feb 22, 2021 | Mediation, Thought For The Day
You are mediating a dispute. You have asked the parties to set out their positions but things are not going well. There is no movement. Heels are being dug in. Now is the time to start thinking about anti-logjam. How to get some activity? How to move matters to a new...
by Graham Perry | Feb 21, 2021 | Arbitration, Thought For The Day
An interesting contradiction exists between the exercise of discretion on the one hand AND the need for Tribunal consistency on the other hand. Discretion means you are free to make up your own mind. There are constraints. You need to be fair + reasonable + objective...
by Graham Perry | Feb 19, 2021 | Arbitration, Thought For The Day
Yesterday morning I wrote about dispute resolvers need for integrity and character. Today I focus on standards of behaviour – an essential part of a dispute resolver’s make up. Ego is the danger here. We all need some ego because ego and self-confidence go...
by Graham Perry | Feb 17, 2021 | Arbitration, Thought For The Day
Following the Supreme Court Judgment in Haliburton v Chubb there has been much discussion about an arbitrator’s duty of disclosure of matters that might affect his/her ability to impartially carry out his duties. This is an absolute duty and the arbitrator needs to be...
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