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HOUSING AFGHANISTAN REFUGEES – EPISODE 6
The problem with success is that it conceals your mistakes. When there is achievement…
HOUSING AFGHANISTAN REFUGEES – EPISODE 5
The Mediator has found a solution but encountered a problem. The Community-Inspired Local Businessman…
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WRITERS’ BLOCK – EPISODE 2
Picking up from Episode 1, the Hearing is over + the next step is to write the award.
WRITERS’ BLOCK – EPISODE 1
We are all dispute resolvers. Some arbitrators/some mediators.
WORDS MATTER – EPISODE 4
With all disputes, there is emotion, feelings, upset – even tears. When the dispute is matrimonial.
WORDS MATTER – EPISODE 3
Now your questions become more focused, less general. You have listened to the respective narratives.
WORDS MATTER – EPISODE 2
You are taking stock. You have had separate first meetings with H+W.
WORDS MATTER
Today, Day 1 of a 3 Day look at words that help.
WINGERS AT WAR – EPISODE 4
The State of Play. To your surprise, the Wingers are at War.
WINGERS AT WAR – EPISODE 3
The Unexpected Has Happened. The two parties appointed arbitrators are at war.
THE ARBITRATOR BECOMES A MEDIATOR – EPISODE 2
Civil War has broken out. Friction between the two Wingers. It is more than mere tension.
THE ARBITRATOR BECOMES A MEDIATOR – EPISODE 1
I return to a theme briefly mentioned some months back..
TRADE ARBITRATORS v LAWYER ARBITRATORS EPISODE 4
Lord Hamblen’s pronounced on the issue of business context v dictionary definitions
TRADE ARBITRATORS + LAWYER ARBITRATORS – EPISODE 3
There is consensus. Commodity arbitration needs the trade + lawyers as arbitrators.
TRADE ARBITRATORS + LAWYER ARBITRATORS – EPISODE 2
Are arbitrators drawn from the commodity trade best placed to be the decision-makers
TRADE ARBITRATORS + LAWYER ARBITRATORS – EPISODE 1
A recent Zoom Meeting of the Commodity Arbitration Club
The Mother’s Illness – Episode 5
A new issue is now in the open and it affects the course of the dispute between parents and daughter.
THE MOTHER’S ILLNESS EPISODE 4
You have had a private meeting with the parents who have disclosed…
MEETING DAUGHTER + FIANCEE EPISODE 3
You have met the parents. Their issues are clear. Now the daughter + fiancée..
THE FAMILY PROPERTY DISPUTE – EPISODE 2
You have held the first meeting – just you, the parents, the daughter + the fiancée.
THE FAMILY PROPERTY DISPUTE EPISODE – 1
Mum + Dad have a single daughter, Susan, engaged to be married.
WHY THIS COLUMN?
A 24hr pause in order to explain why this daily column is written. What does it say? Who is it for?
LATE APPLICATION TO SUBMIT NEW EVIDENCE – EPISODE 5 – FINAL EPISODE
You would be entitled to reject the late documents because Buyers + Buyers..
LATE APPLICATION TO SUBMIT NEW EVIDENCE – EPISODE 4
Four clear points;-
Appellant Buyers’ have overlooked the documents.
NEW EVIDENCE – EPISODE 3
Three points have emerged. The new evidence is important.
LATE APPLICATION TO SUBMIT NEW EVIDENCE – EPISODE 2
Important – Do not read the late evidence. Hand it back to the Buyers’ advocate.
LATE EVIDENCE EPISODE 1
You are the Chair of a five-person Board of Appeal. Sellers won the first tier. Buyers appeal.
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...
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...
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...
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...
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...
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...
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 +...
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...
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...
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...
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....
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...
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...
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...
“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 +...
“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...
“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...
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...
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...
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...
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...
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...
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 +...
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...
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...
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...
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...
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...
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...
“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...
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...
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...
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...
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...
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...
