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ARBITRATION OR MEDIATION

Graham Perry; When you consider Dispute Resolution, there are two main options; Arbitration or Mediation. Both are excellent – really top-notch. Tested, Track Record, Good Outcomes Not always guaranteed – sometimes a mediation fails or an arbitration increases...

ARBITRATION OR MEDIATION PART 2

THE  ARBITRATOR The Arbitrator has authority and power. He/She listens to the parties. He makes a decision His decision is final subject to rights of appeal. His position in the Dispute Resolution process is quite different from that of the Mediator. The arbitrator...

PRACTICE PROBLEMS

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...

HOW CONFIDENTIAL IS A MEDIATION AGREEMENT?

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...

‘COSTS FOLLOW THE EVENT’- WHAT IS THE ‘EVENT’?

A very topical topic. You are a winger party-appointed arbitrator. You have decided who wins and who loses and now comes costs. These are the costs of the arbitration, not the parties’ own costs. You are just looking at the fees and expenses of the three arbitrators –...

PARTIES THAT WONT PARTICIPATE

You have accepted an appointment as a mediator in a dispute between directors who have fallen out. There are three directors – two on one side and one on the other. The dispute is proceeding to court. There is a requirement to mediate. Your terms of appointment have...

WORDS MATTER

Today, Day 1 of a 3 Day look at words that help.

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WHY THIS COLUMN?

WHY THIS COLUMN?

A 24hr pause in order to explain why this daily column is written. What does it say? Who is it for?

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THE CLAIMANT’S OVER-ACTIVE LAWYER

THE CLAIMANT’S OVER-ACTIVE LAWYER

MEDIATION You have won the day. You isolated the trouble threatening Claimants Over-Active Lawyer (renamed COAL). You worked your magic on the parties. You created momentum + things fell into place. It is not always like this. Mediation can be derailed. Success is not...

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THE OVER-ACTIVE PLAINTIFF’S LAWYER – EPISODE 5

THE OVER-ACTIVE PLAINTIFF’S LAWYER – EPISODE 5

COMMENT FOR THE DAY MEDIATION Things are going your way but still some hurdles. Your talk with the parties has gone well. You are discussing settlement. But what about the Plaintiff’s Over-Active Lawyer (POAL). His ego is bruised + which is dangerous. You want him...

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THE OVER-ACTIVE PARTY LAWYER EPISODE 4

THE OVER-ACTIVE PARTY LAWYER EPISODE 4

COMMENT FOR THE DAY MEDIATION Can you get the parties + their lawyers to agree to two simultaneous side-by-side meetings? The first with you + the parties. Second – the 2 lawyers working on the detail. You hope so. It is the way forward. You think hard overnight. What...

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THE OVER-ACTIVE PARTY LAWYER – EPISODE #3

THE OVER-ACTIVE PARTY LAWYER – EPISODE #3

COMMENT FOR THE DAY  #93MEDIATION The claimant’s lawyer is over-prominent. He is presenting problems, not solutions. Two matters in your favour. First, the parties earlier good commercial relationship. Second, if there is to be a solution, then there is detail...

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THE ASSERTIVE LAWYER

THE ASSERTIVE LAWYER

COMMENT FOR THE DAY #92 EPISODE 2 MEDIATION You sense you have a problem with the Claimants’ over-active lawyer. He has too much to say. Is it a one-off or a sign of things to come? It’s the latter + the problem is getting bigger, not smaller. Does he have problems...

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THE DOMINATING SOLICITOR EPISODE 1

THE DOMINATING SOLICITOR EPISODE 1

COMMENT FOR THE DAY #91 MEDIATION The scenario. The solicitors representing the two parties to a dispute have advised their clients to pull back from the brink and, instead of going to arbitration, have decided to give mediation a chance. Your appointment as mediator...

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THE MANIPULATIVE ADVOCATE

THE MANIPULATIVE ADVOCATE

COMMENT OF THE DAY #90 FINAL EPISODE #5 Receiving an appointment as Chair is an honour + a reflection of confidence in your ability to handle the many different expectations of being in charge. It is a combination of two matters - first, your inherent character +...

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THE MANIPULATIVE TRADE ADVOCATE

THE MANIPULATIVE TRADE ADVOCATE

COMMENT FOR THE DAY. #89 EPISODE 4 You announce the Board’s decision. “Appellants application for 30min preparation time + 1.30hrs for Reply Submission is refused. The Board has considered all relevant circumstances. There is no need for an adjournment to another...

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THE MANIPULATIVE TRADE REP

THE MANIPULATIVE TRADE REP

COMMENT FOR THE DAY #88 EPISODE 3 The Clock is ticking. The cleaners have not arrived but are edging closer to Holborn Tube. Will the Board agree to press ahead with the 15/30 solution or settle for an adjournment of two months 15m - prepare reply submissions + 30 m...

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THE MANIPULATIVE TRADE REPRESENTATIVE

THE MANIPULATIVE TRADE REPRESENTATIVE

COMMENT FOR THE DAY #87 Following the narrative, you have an application from the Buyers' trade rep for an adjournment to allow time to prepare + deliver closing submissions. Sellers' trade rep opposes. The Board goes into caucas. You are the chair. Are Buyers...

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THE MANIPULATIVE TRADE REPRESENTATIVE

THE MANIPULATIVE TRADE REPRESENTATIVE

COMMENT FOR THE DAY #86 ARBITRATION The narrative. You are the chair of an Appeal set down for 3 days. Buyers are appealing a first-tier decision that awarded substantial damages to Sellers. You can sense that the Board believes the Tribunal made the correct decision....

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PRIVATE + CONFIDENTIAL LAST EPISODE

PRIVATE + CONFIDENTIAL LAST EPISODE

COMMENT OF THE DAY #84 MEDIATION I want to conclude this 3 part topic by stressing that “private + confidential” is a means to an end. You, personally, have to be private + confidential. Never become loose-lipped. But the purpose? To get the party to engage/talk/get...

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DISCRETION – EPISODE 2

DISCRETION – EPISODE 2

COMMENT OF THE DAY #83 ARBITRATION The problem of the inconsistent exercise of discretion can be solved by better training. This will enable them to blend their trade knowledge with decision-making experience. No Training means Conflicting Decisions. This is no good...

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PRIVATE AND CONFIDENTIAL

PRIVATE AND CONFIDENTIAL

COMMENT FOR THE DAY #81 MEDIATION The words "private + confidential" are spoken so often that the real meaning is often lost. In mediation, you have your first private one on one with Party A - there will be more as you gradually strip away the leaves of the...

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“DISCRETION – AGAIN”

“DISCRETION – AGAIN”

COMMENT OF THE DAY #80 #11 ARBITRATION A popular criticism of football referees is their lack of consistency People see two apparently identical incidents in a match. One referee awards a free-kick to Team A and another referee to Team B. But football is fast-moving +...

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“PRIVATE + CONFIDENTIAL”

“PRIVATE + CONFIDENTIAL”

COMMENT FOR THE DAY #73 10 APRIL 2021 MEDIATION The term "Private + Confidential" is often seen as a given. But too often is taken for granted + Mediators need to remind the parties at the beginning of each meeting of the importance + significance of these three...

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“MEDIATION IS NOT ARBITRATION”

“MEDIATION IS NOT ARBITRATION”

COMMENT FOR THE DAY #78 8 MAY 2021 MEDIATION People put Arbitration + Mediation together because they are alternative forms of dispute resolution but the differences are more significant than the similarities. The two processes have different outcomes; different...

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TRADE ARBITRATORS V LAWYER ARBITRATORS

TRADE ARBITRATORS V LAWYER ARBITRATORS

COMMENT FOR THE DAY #77 ARBITRATION Is there a divide in the world of arbitration between arbitrators appointed from the trade and arbitrators appointed from the law? There is a contract. It is there in print. But a difference emerges between Seller + Buyer about the...

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ARBITRATION/MEDIATION SEMINAR TODAY!

ARBITRATION/MEDIATION SEMINAR TODAY!

COMMENT OF THE DAY #76 ARBITRATION/MEDIATION SEMINAR CHAIR – GRAHAM PERRY TODAY 13:00 London time. Duration – 90mins. Hosts London Solicitors HFW on Zoom. Topic 1 Interpretation of Words. How to decide what Words actually mean? Presented by Brian Perrott Topic 2 The...

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ARBITRATION/MEDIATION SEMINAR

COMMENT OF THE DAY  #75 Our Speakers’ Biographies;- Brian Perrott is ranked as one of the most active commercial litigators in London +features in Commodities Legal 500 Hall of Fame. He is a leading partner at HFW with over 45 Commercial Court Cases. He is joined by...

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ARBITRATION/MEDIATION SEMINAR

ARBITRATION/MEDIATION SEMINAR

COMMENT OF THE DAY #74 ARBITRATION/MEDIATION SEMINAR Chair – Graham Perry 6 May 2021 13:00 London time. Duration – 90mins. Hosts; Solicitors HFW. On Zoom. Topic 1 Interpretation of  Words. How to resolve the "meaning" of Words? Topic 2 The Custom of the Trade  What...

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THE COMMODITY ARBITRATION CLUB

THE COMMODITY ARBITRATION CLUB

Join Me! Date:   Thursday 6 May 2021 Time:  13:00 London time Hosts:  London Solicitors HFW on zoom. Chair:  Graham Perry Brian Perrott of HFW will talk for 10-15 minutes on Interpretation + recent guidance from the UK Supreme Court. Very important topic. There are...

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SPEAKING FLUENTLY – EPISODE 5

SPEAKING FLUENTLY – EPISODE 5

COMMENT FOR THE DAY #71 MEDIATION + ARBITRATION This is a true story. I went to a club to improve my speaking skills. One day a new chap joined + made an introductory speech. We counted 48 "ums, ers, you know". He was not fluent. He was nervous, self-conscious +...

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SPEAKING FLUENTLY -EPISODE 4

SPEAKING FLUENTLY -EPISODE 4

COMMENT FOR THE DAY #70 MEDIATION + ARBITRATION This topic has attracted attention. People fear speaking more than death. Humiliation, palpitations, drying up, the words don't come. But there is a solution. You can acquire verbal confidence + when you do you are...

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Zoom Meeting of the Commodity Arbitration Club! Join ME!

Zoom Meeting of the Commodity Arbitration Club! Join ME!

I am pleased to announce that I will be chairing a Zoom Meeting of the Commodity Arbitration Club on 6 May at 13.00 hrs UK time Details below courtesy of David Barnett, the Hon Secretary of our Club Date:    Thursday 6 May 2021 Time:   13:00 London time The duration...

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SPEAKING FLUENTLY – EPISODE 3

SPEAKING FLUENTLY – EPISODE 3

COMMENT FOR THE DAY #69 MEDIATION + ARBITRATION People are interested in this topic. Speaking Confidently is a Big Assist. Many people fall short. They learn their Mediation + Arbitration skills. They do the courses. They take the exams. But no training in how to talk...

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SPEAKING FLUENTLY

SPEAKING FLUENTLY

COMMENT FOR THE DAY #68  - EPISODE 2 MEDIATION Yesterday we began to address the problem of a stumbling mediator lacking verbal fluency. First things First - a mediator needs people to hear him + listen to her. Fail here + you are struggling to do your job. So work at...

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SPEAKING WITHOUT HESITANCY

SPEAKING WITHOUT HESITANCY

COMMENT FOR THE DAY #61 - EPISODE 1 MEDIATION The Mediator's opening statement is important. It sets the tone. Get it wrong + you are struggling. Is the Mediator up to the task? The Mediator can avoid problems if he/she does two things. First, the mediator has to be...

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THE HEALTH OF THE MEDIATOR

THE HEALTH OF THE MEDIATOR

COMMENT FOR THE DAY #66 - EPISODE 1 MEDIATION A mediation is about the parties, their dispute and possible solutions. But a topic that is always overlooked is the health+well-being of the mediator. It is a given. All is well. You work/eat. You think/act. You are...

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“CHARACTER MATTERS. BIG TIME”

“CHARACTER MATTERS. BIG TIME”

MEDIATION EPISODE 6 Why Character? Why not Organisation or Speaking Skills or - Meeting Management? It does not matter how much you have studied the Manual for Mediation + noted how to present the opening session or how to have separate meetings or how to move from...

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OPTIONS FOR SETTLEMENT

OPTIONS FOR SETTLEMENT

COMMENT FOR THE DAY #64 MEDIATION Today I want to focus on an underestimated skill of the mediator – the ability to paint pictures of the alternatives going forward. Let’s be clear, the options are there – harmony or rupture. But can you give the right focus? Are you...

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KEEPING COOL

KEEPING COOL

COMMENT FOR THE DAY #63 - EPISODE 5 ARBITRATION AND ADVOCACY Advocacy is about pressure. Lots of pressure. You are a professional with responsibility. The client who is paying your fee is trusting you. The Tribunal will be watching you. Your opponent will be assessing...

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KNOW STRENGTHS + WEAKNESSES OF YOUR CASE

KNOW STRENGTHS + WEAKNESSES OF YOUR CASE

COMMENT OF THE DAY #62 - EPISODE 4 ARBITRATION AND ADVOCACY This is an important part of preparation - know where you are strong but also know where you are weak. Be Prepared. Rarely is an arbitration 100% in favour of one party. Usually, it is a mix of arguments...

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ALLOW THE ANGER TO COME OUT

ALLOW THE ANGER TO COME OUT

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 can be H as well...

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CONTROLLING YOUR HOURS

CONTROLLING YOUR HOURS

COMMENT FOR THE DAY #60  - EPISODE 3 ARBITRATION AND ADVOCACY You have been appointed to represent a party in an arbitration. There is to be an oral hearing. There are documents + zoom calls + witness statements + legal issues. It is a big undertaking. In the midst of...

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OFFERS TO SETTLE AND COSTS

OFFERS TO SETTLE AND COSTS

COMMENT OF THE DAY #59 - EPISODE 4 MEDIATION "A Bitter Past Gets In The Way Of A Constructive Future" Husband + Wife disputes have the most tension, confrontation + anger. They fight in the present about the past split and it affects the future. H offers a little...

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ADVOCACY EPISODE 2

ADVOCACY EPISODE 2

COMMENT FOR THE DAY #58 ARBITRATION Good advocacy requires skills. First, Be Organised. Prepare different schedules - a chronology of events from documents/bundles. Don't let anything slip through the net. You must have a clear understanding of the sequence of events...

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DO I HAVE TO SETTLE?

DO I HAVE TO SETTLE?

COMMENT OF THE DAY #57 EPISODE 3 MEDIATION The Court instructs the parties to try to mediate a dispute. Suppose it's an H + W post-divorce maintenance/financial dispute. Suppose the W wants a lot + the H offers a little. The Judge says "Go Away + Mediate". The Judge...

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ADVOCACY IS A CHALLENGE – EPISODE 1

ADVOCACY IS A CHALLENGE – EPISODE 1

COMMENT FOR THE DAY #56 ARBITRATION You can be an arbitrator or a party or the arbitration institution or an expert witness or just a witness. But you can also be an advocate - the person who presents the case + argues the case for one of the parties. If the parties...

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