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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...

AN ANXIOUS NEW ARBITRATOR – EPISODE 3

B is unsettled. She senses that things are not right. To her way of thinking – based on her training – the Tribunal is composed of equals.

AN ANXIOUS NEW ARBITRATOR – EPISODE 2

The parties to the arbitration are a firm of international grain traders – who appointed Arbitrator A – and a firm of Far East processors with plants in Malaysia– who appointed Arbitrator B.

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AN ANXIOUS NEW ARBITRATOR – EPISODE 2

AN ANXIOUS NEW ARBITRATOR – EPISODE 2

The parties to the arbitration are a firm of international grain traders – who appointed Arbitrator A – and a firm of Far East processors with plants in Malaysia– who appointed Arbitrator B.

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UKRAINIAN REFUGEES – EPISODE 1

UKRAINIAN REFUGEES – EPISODE 1

A medium sized UK City is moved by the plight of the people of Ukraine + wants to play its part in providing accommodation for refugees fleeing from Mauripol.

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FRAUDULENT DOCUMENTS – EPISODE 4

FRAUDULENT DOCUMENTS – EPISODE 4

You know the choices for the arbitrators dealing with the fraudulent documents;- just disregard the three bad documents and make your mind up on the other 124 pages..

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FRAUDULENT DOCUMENTS – EPISODE 2

FRAUDULENT DOCUMENTS – EPISODE 2

You are a member of a five-person Board of Appeal hearing a three-day case focusing on Buyers’ non-performance of a contract for 3,000mts of ground nut oil.

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FRAUDULENT DOCUMENTS – EPISODE 1

FRAUDULENT DOCUMENTS – EPISODE 1

You are a member of a five-person Board of Appeal hearing a three-day case focusing on Buyers’ non-performance of a contract for 3,000mts of ground nut oil.

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GOOD + BAD NEWS – FINAL EPISODE

GOOD + BAD NEWS – FINAL EPISODE

Final stages + you are drafting your report to the CEO on the outcome of the mediation. She is the client and you are reporting to her + not the Residents or the Developer.

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THE DEVELOPER MEETS THE RESIDENTS – EPISODE 5

THE DEVELOPER MEETS THE RESIDENTS – EPISODE 5

The Developer’s Meeting with the Residents is high risk. It could end in acrimony but it could also be a big step forward. You are not a gambler by nature but your instinct tells you it can end in cheers, not tears.

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THE SPARKS FLY – EPISODE 3

THE SPARKS FLY – EPISODE 3

The Mediator’s meeting with the Residents was always going to be challenging. Should the meeting be with the Chair of the Residents Association [RA]?

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THE MEDIATOR PRODS – EPISODE 2

THE MEDIATOR PRODS – EPISODE 2

You have been appointed as Mediator by the Council Chief Executive Officer [CEO] and she has informed all interested parties of your appointment including the brother + siste

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DECISION DAY – EPISODE 5

DECISION DAY – EPISODE 5

In this episode 4, we are examining the mind set of the Sole Arbitrator faced with a conflict of interest. Are you the right person to continue to hold this reference?

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A CONFLICT OF INTEREST – EPISODE 4

A CONFLICT OF INTEREST – EPISODE 4

In this episode 4, we are examining the mind set of the Sole Arbitrator faced with a conflict of interest. Are you the right person to continue to hold this reference?

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ECHOES – EPISODE 2

ECHOES – EPISODE 2

You are in place as the Sole Arbitrator. The appointing authority leaves you to issue directions which you are required to cc to them. The Claim submissions arrive with a bundle of documents.

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AWKWARD QUESTIONS

AWKWARD QUESTIONS

A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.

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THE CORE QUALITY

THE CORE QUALITY

A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.

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THE CHAIRWOMAN REFLECTS  EPISODE 3

THE CHAIRWOMAN REFLECTS EPISODE 3

There is an issue for the Chair. She is on notice that a fellow Member of the Board has been seen having a cocktail drink with an Observer attending the Appeal who is a prominent employee of Respondent Buyers.

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AN ARBITRATOR STUMBLES – EPISODE 2

AN ARBITRATOR STUMBLES – EPISODE 2

Please bear in mind that the narrative is fictitious. It bears no relation to any arbitrator. However, the problem of contact between an arbitrator + a party does exist.

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