by GenXSolutions | Apr 20, 2021 | Mediation, Thought For The Day
COMMENT FOR THE DAY #61 – EPISODE 5 H+W mediations can be the tensest. Just have a read of Shakespeare + see how jealousy can distort normal thought processes. You have to sit + listen. Don’t try to deflect or curtail. The aggrieved partner – and it...
by GenXSolutions | Apr 7, 2021 | Arbitration
COMMENT OF THE DAY #50 ARBITRATION Sellers + Buyers entered into an acquisition agreement. The purchase price required ‘a working capital adjustment’ to be ascertained by expert determination which “will be final + binding in the absence of manifest error”. There was...
by GenXSolutions | Mar 13, 2021 | Arbitration, Law, Mediation, Thought For The Day
POST #29 Arbitrators can require answers to awkward questions. Not in every situation but the parties need to know that they can come unstuck. In Post 27 I posed a question – can Arbitrators require parties to disclose documents they would prefer did not seek...
by GenXSolutions | Mar 5, 2021 | Arbitration, Mediation, Thought For The Day
An employee is fired. The grounds are not strong. He agrees to mediation. Actually you have a subjective sympathy for him but you know that this cannot blur your judgement. You know you have to remain neutral but you do feel he has been manipulated. The firm is...
by GenXSolutions | Feb 20, 2021 | Arbitration, Mediation, Thought For The Day
Unconscious bias is a big issue. How do Mediators and Arbitrators deal with this problem? The difficulty is that the bias is not always recognised or detected and that is because the bias is nearly always unconscious. Our problem has been that we could only deal with...
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