by Graham Perry | 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 Graham Perry | 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...
by Graham Perry | Feb 18, 2021 | Arbitration, Mediation, Thought For The Day
There are not many people who, at a young age, inform their parents that “I want to be a Dispute Resolver when I grow up”. You start somewhere else and then changes in your life lead you to consider a switch into arbitration or mediation. Something happens – you hear...
by Graham Perry | Jan 25, 2021 | Law, Mediation
You were appointed as Mediator in an accountant’s partnership dispute. There is a Mediation Agreement signed by the two parties, being the Partnership and the Departing Partner, and by yourself. The Mediation Agreement contains a confidentiality clause. Things go well...
by Graham Perry | Jan 19, 2021 | Arbitration
ARBITRATION You are chairing an arbitration tribunal of three arbitrators. You become aware that the two winger arbitrators – both party-appointed – have a bad history. They have allowed their past tensions to enter into the conduct of the current dispute. It is...
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