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PREJUDICE IN DISPUTE RESOLUTION
My post - #460 – prompted responses from readers. Some argued that the issue of an arbitrator/mediator’s character was a given. It was assumed that dispute resolvers knew about character when they commenced their training and that being the case it was not a matter...
MEDIATION – ANGER MANAGEMENT – EPISODE 3
Anger, outbursts, bad language, insults, exasperation, fury, rage, temper.
It’s life.
MEDIATION – ANGER MANAGEMENT – EPISODE 2
Anger, outbursts, bad language, insults, exasperation, fury, rage, temper.
It’s life.
MEDIATION – ANGER MANAGEMENT – EPISODE 1
Anger, outbursts, bad language, insults, exasperation, fury, rage, temper.
It’s life.
ANGER MANAGEMENT – EPISODE 5
At the end of Episode 3 we looked at the words that the Chair might use to defuse a potentially explosive situation;-
ANGER MANAGEMENT – EPISODE 4
At the end of Episode 3 we looked at the words that the Chair might use to defuse a potentially explosive situation;-
ANGER MANAGEMENT – EPISODE 3
Dispute Resolution – arbitration or mediation – is a collegiate process. We are “all in it together”. We all have different roles (Chair, Wingers, Advocates, Solicitors)
ANGER MANAGEMENT – EPISODE 2
Episode 1 concluded with the three arbitrators mentally preparing themselves for aggravation – a word that covers a variety of antagonistic behaviours.
ANGER MANAGEMENT – EPISODE 1
Anger, outbursts, bad language, insults, exasperation, fury, rage, temper.
It’s life.
ARBITRATORS FEES AGAIN – EPISODE 2
Some arbitrators appointed to a long case will increase their hourly rate because they are prevented from accepting other appointments. Is this right?
ARBITRATORS FEES AGAIN – EPISODE 1
You are party Arbitrator A for Claimants. The other winger is Arbitrator B + well known in arbitration circles.
A DURABLE SETTLEMENT? – EPISODE 6
My narratives are fictional. They are contrived to assist arbitrators + mediators to deal with problems that arise in the course of an arbitration
MEDIATION – THE WIFE SPEAKS + FROM POSITIONS TO INTERESTS. – EPISODE 5
So how do things lie? The US Investor (USI) wants to invest. His business is buying + building + selling on.
MEDIATION – WEIGHING UP THE CHALLENGES – EPISODE 4
So how do things lie? The US Investor (USI) wants to invest. His business is buying + building + selling on.
MEDIATION – THE WIFE SPEAKS + THEN A MEETING WITH THE DENTISTS. – EPISODE 3
You have a good feel for the ED + his business plans but one matter is troubling you. You are not fishing for evidence of matrimonial discord but you do want to satisfy yourself.
MEDIATION – DENTISTS DISAGREE – EPISODE 2
As it first appears it is 12 v 1. 12 Local Dentists (LD) and 1 Entrepreneur Dentist (ED). You commence the process by emailing all 13 dentists and introduce yourself
MEDIATION – DENTISTS DISAGREE – EPISODE 1
You live in the West Country. You qualified as a dentist in London + set up in private practice 18 years ago in Bath. You married your dental nurse + have two daughters.
ARBITRATION – FEES OF ARBITRATORS – EPISODE 5
The Chair has choices; she can refer the matter to the Tribunal Administrator for discussion/decision or she can try once more with BC
ARBITRATION – FEES OF ARBITRATORS – EPISODE 4
The Chair has choices; she can refer the matter to the Tribunal Administrator for discussion/decision or she can try once more with BC
ARBITRATION – FEES OF ARBITRATORS – EPISODE 3
The story so far. The Tribunal of 3 has a fees problem. An underperforming winger arbitrator (The Big Charger) is intending to charge at £350 per hour whereas the Chair is at £275 and the other winger is at £225.
ARBITRATION – FEES OF ARBITRATORS – EPISODE 2
The Chair asks for the arbitrators’ fees. Why? Because the sum that is to be requested from the parties starts with the Tribunal’s fees and expenses
ARBITRATION – FEES OF ARBITRATORS – EPISODE 1
You are party Arbitrator A for Claimants. The other winger is Arbitrator B + well known in arbitration circles.
ARBITRATION – MEDIATION REVIEW – EPISODE 1
A pause whilst this Column reviews its way forward. In a phrase – More Of The Same. That is to say fictional arbitrations +
NEIGHBOUR DISPUTES + SECOND HOMES – FINAL EPISODE
Mediations depend on people, events + chemistry. The Mediator’s skills are all important + in the hands of the right mediator disputes can be pulled back from the brink.
NEIGHBOUR DISPUTES + SECOND HOMES – EPISODE 5
You meet informally with the Lady Mayoress [LM]. You played together in the lacrosse team at school + have kept an association down the years.
NEIGHBOUR DISPUTES + SECOND HOMES – EPISODE 4
You meet informally with the Lady Mayoress [LM]. You played together in the lacrosse team at school + have kept an association down the years.
NEIGHBOUR DISPUTES + SECOND HOMES – EPISODE 3
You plan for the second meeting with the Barratts and reflect on how to raise the second house issue.
NEIGHBOUR DISPUTES + SECOND HOMES – EPISODE 2
The Canons are quite different from their neighbours. Both are 45ish. He is good looking + exudes confidence.
NEIGHBOUR DISPUTES + SECOND HOMES – EPISODE 1
So what is the actual dispute? Is it what you are hearing from the parties or is there an unexpressed agenda which is driving the parties’ passions? Is there A Big Unmentionable?
ISSUES FOR ARBITRATORS – EPISODE 8
This is the final episode of the focus on the responsibilities of an arbitrator facing issues of delays, promptness, over-bearing fellow wingers, inactive fellow wingers, being individually responsible
THE UNDERPERFORMING ARBITRATOR – EPISODE 7
In the last six episodes I have been focusing on arbitrators’ standards of performance. They are so important to the discharge of your duties
MEET DEADLINES – EPISODE 6
Another overlooked issue in the training of arbitrators is about being timely. It impacts on a number of issues in the conduct of an arbitration hearing.
WELL PREPARED OR LAST MINUTE? – EPISODE 5
We have been looking recently at the qualities of an arbitrator and, in particular we have been examining confidentiality, speaking up/talking up previous cases + pre-hearing preparation.
THE ARBITRATOR AND GOSSIP – EPISODE 4
Are you loose-lipped? Do you know when to keep quiet? Are you tempted “to show off your credentials” to promote yourself with colleagues? Do you drop names?
THE ARBITRATOR AND HARD WORK – EPISODE 3
We have looked at Courage + Speaking Up. Now let’s look at Preparation because this, too, is an issue of Character. In short there are two choices – Skim or Read.
ARBITRATOR/MEDIATOR – HOW TO STAND UP – EPISODE 1
We have established that a DR has to have character and the other previously specified personal qualities – integrity and the rest. But he/she also has to possess courage.
ARBITRATOR/MEDIATOR – BUT WHO AM I? – EPISODE 1
As regular readers will have come to observe this Column focuses on dispute resolvers (DRs) as human beings as well as trained professionals.
1 NARRATIVE AND 2 ISSUES – EPISODE 6
The First Issue is the feelings that the female Mediator has for Juliet, the wife in the matrimonial mediation
THE MEDIATOR CONFIDES IN JULIET – EPISODE 5
The Mediator, usually a relaxed + reassuring conversationalist, is “all over the place”. In a departure from her normal ways, she avoids eye contact..
THE MEDIATOR AGONISES – EPISODE 4
So two issues now face the Mediator – first, does she have feelings for Juliet and, second, if she does where does that leave her in relation to the Mediation?
BACK TO BASICS – A MATRIMONIAL MEDIATION – EPISODE 1
In recent weeks this Column has focused on the application of Mediation to large scale social disputes eg; planning issues involving different groups within a local community
DAVIDA AND GOLIATH – EPISODE 7
Let’s consider the alternative scenarios. B could have been intimidated + then refrained from saying anything. A would have pushed even more vigorously for his favoured outcome
AN ANXIOUS NEW ARBITRATOR – EPISODE 6
Two separate points; first, did Arbitrator B choose the right words, say the right things? Well, Yes. She wants to express concerns.
AN ANXIOUS NEW ARBITRATOR – EPISODE 5
B needs to compose herself. She boils the kettle, makes herself a coffee, then re-arranges the items on her desk.
AN ANXIOUS NEW ARBITRATOR – EPISODE 4
We know where we are. The new Arbitrator B has concerns about the functional imbalance of the Tribunal. She feels that fellow winger, Arbitrator A, is taking the initiative and setting the agenda.
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.
AN ANXIOUS NEW ARBITRATOR – EPISODE 1
You have been in the trade both as a trader + as an administrator. You are based in the Far East with a Singapore background.
UKRAINIAN REFUGEES – EPISODE 7 – BRINGING THE DIFFERENT STRANDS TOGETHER
The Two Mediators are close to drafting their Report to the Chief Executive of the Hedgewood City Council. The Mediation has broken new ground
UKRAINIAN REFUGEES – EPISODE 6 – THE MEDIATORS SUGGEST A WAY FORWARD
Things are not plain sailing but there is progress. On the plus side there has been an impressive response to the Fund Raising approach.
UKRAINIAN REFUGEES – EPISODE 5 – SEXUAL SPANNER IN THE WORKS
Things are not plain sailing but there is progress. On the plus side there has been an impressive response to the Fund Raising approach.
UKRAINIAN REFUGEES – EPISODE 4 SEIZING EMPTY PROPERTIES – LEGALLY
So far, the two Mediators have had three meetings with each of the Three Groups – the Ukrainian Refugees, the Yemeni Refugees and the UK Citizens.
UKRAINIAN REFUGEES – EPISODE 3 PROBLEMS MOUNT
The Mediators, first, meet in three separate meetings with the 3 person teams representing the Ukrainians, Yemenis + UK Citizens.
UKRAINIAN REFUGEES – EPISODE 2 THE MEDIATORS TAKE STOCK
The Two Mediators consult. They have never met but have “heard” of each other.
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.
FRAUDULENT DOCUMENTS – EPISODE 5
The Board have considered the issue of damages in the light of credible evidence from Board appointed handwriting expert..
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..
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.
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.
FINANCES AND THE CHILDREN – EPISODE 3
uliet raises finances with you. She has some savings but no private or inherited resources. She is aware from the divorce papers + from some heated conversations with husband Anthony that Chrissy,
Episode
- AN ANXIOUS NEW ARBITRATOR
- AN ARBITRATOR STUMBLES
- ANGER MANAGEMENT
- ARBITRATION – FEES OF ARBITRATORS
- ARBITRATOR/MEDIATOR
- ARBITRATORS FEES AGAIN
- AWKWARD QUESTIONS
- BACK TO BASICS – A MATRIMONIAL MEDIATION
- DETERMINED NEUTRALITY
- DISCRETION
- FAMILY TENSIONS
- FATHER’S LATE WILL
- FRAUDULENT DOCUMENTS
- GENDER ISSUES AT SCHOOL
- HOUSING AFGHANISTAN REFUGEES
- LATE APPLICATION TO SUBMIT NEW EVIDENCE
- LENGTHY ORAL SUBMISSIONS
- MEDIATION - ANGER MANAGEMENT
- MEDIATION – DENTISTS DISAGREE
- NEIGHBOUR DISPUTES + SECOND HOMES
- NEW WORLD – NEW WORDS
- POST HEARING EVALUATION
- THE ARBITRATOR BECOMES A MEDIATOR
- THE BACKGROUND
- THE BIGGEST SOURCE OF MEDIATION
- THE CORE QUALITY
- THE DOMINATING SOLICITOR
- THE EXPERT WITNESS
- THE FAMILY PROPERTY DISPUTE
- THE FLEXIBILITY OF MEDIATION
- THE MEDIATORS’ SKILLS
- THE OVER-ACTIVE PARTY LAWYER
- THE STORY SO FAR
- TO INTERVENE OR NOT TO INTERVENE
- TRADE ARBITRATORS + LAWYER ARBITRATORS
- UKRAINIAN REFUGEES
- WORDS MATTER
- WRITERS’ BLOCK