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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 ARBITRATOR STUMBLES – EPISODE 1

A First Tier arbitration is to go to appeal. It is a big one. A large claim and counter-claim. The Parties have agreed to be legally represented.

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FAMILY TENSIONS

FAMILY TENSIONS

A casual read of Mediation topics might leave you with the mistaken impression that the majority of people disputes.

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DETERMINED NEUTRALITY – EPISODE 3

DETERMINED NEUTRALITY – EPISODE 3

You are making progress as an arbitrator. You are settling into your new responsibilities when you receive an enquiry for an appointment from one of the Leading Law Firms.

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DETERMINED NEUTRALITY – EPISODE 2

DETERMINED NEUTRALITY – EPISODE 2

You are making progress as an arbitrator. You are settling into your new responsibilities when you receive an enquiry for an appointment from one of the Leading Law Firms.

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POST HEARING EVALUATION

POST HEARING EVALUATION

You have chaired a four-day arbitration Appeal with 4 fellow arbitrators. The Hearing is over. The Award has been published.

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THE MEDIATORS’ SKILLS

THE MEDIATORS’ SKILLS

It is good to break away from the daily diet of Mediation Stories and focus back on the qualities of a successful mediator.

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THE EXPERT WITNESS

THE EXPERT WITNESS

Arbitrators are often required to determine issues/disputes which may be scientific, technological or highly specialised.

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#133

#133

You are chairing a three-person Tribunal. The wingers – both female but nothing turns on the issue

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