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WHEN NOT TO PRESS EPISODE 5
You sense that Olivia is keen to speak. Sometimes in a Mediation, a party will clam up + say little.
OLIVIA SPEAKS EPISODE 4
You sense that Olivia is keen to speak. Sometimes in a Mediation, a party will clam up + say little.
THE MEDIATOR MEETS OLIVIA 3
The approach? Be gentle. Talk around the edges. Nothing direct. Build a picture for yourself.
THE STORY SO FAR EPISODE 2
THE STORY SO FAR EPISODE 2
THE STORY SO FAR EPISODE 1
A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.
THE CORE QUALITY FINAL EPISODE
A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.
THE CORE QUALITY EPISODE 4
A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.
THE CORE QUALITY EPISODE 3
A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.
THE CORE QUALITY EPISODE 2
A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.
THE CORE QUALITY
A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.
REFLECTING ON THE ARBITRATOR’S INDISCRETION EPISODE 7
A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.
THE CHAIRWOMAN MAKES HER ANNOUNCEMENT EPISODE 6
There is a matter that the Board wishes to bring to the attention of the Parties. Yesterday evening a member of the Board, Mr X met with the Observer, Mr Y.
THE CHAIRWOMAN SPEAKS EPISODE 5
The Chairwoman then reads from a prepared note the words she intends to say to the Parties.
THE CHAIRWOMAN REFLECTS EPISODE 4
The Chairwoman now needs to meet with her Board with three issues to discuss. First, what has happened.
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.
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.
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.
THE FOOTBALL REFEREE DISPUTE RESOLUTION AT THE CUTTING EDGE
Put to one side images of the Premier League and crowds and television cameras and, instead, focus on a good quality game of football played in the local recreation park.
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…
HOUSING AFGHANISTAN REFUGEES – EPISODE 4
A Mediator is always listening + always thinking. There is no downtime. She is formulating ideas
HOUSING AFGHANISTAN REFUGEES – EPISODE 3
Our mediator, Mrs Harmison, has spoken with a number of local interests. She is beginning to understand both sides of the argument
HOUSING AFGHANISTAN REFUGEES – EPISODE 2
A planning application with political overtones. Prominent local interests have become involved.
HOUSING AFGHANISTAN REFUGEES – EPISODE 1
You take a call late one evening from the Town Hall Solicitor in a Northern Inner City.
ADVERSARIAL v INQUISITORIAL – EPISODE 6
A reader asks “what happens if Sellers do not take the bait. If they fail to respond or, perhaps, do so and maintain their previous position.”
ADVERSARIAL v INQUISITORIAL – EPISODE 5
Where are we? First, the Tribunal has invited the parties to comment on Sellers’ assertion that Buyers were in breach on 2 March 2021.
ADVERSARIAL v INQUISITORIAL – EPISODE 4
You consult with your Wingers. Sellers’ appointed arbitrator argues that your action is favouring Buyers…
ADVERSARIAL v INQUISITORIAL – EPISODE 2
The issue – Have Sellers jumped the gun + placed Buyers in default before a default has occurred.
TO INTERVENE OR NOT TO INTERVENE – EPISODE 1
The Relevant Facts. Sellers sell + Buyers buy 15,000 mts of Cottonseed Expellers at USD300 per metric ton (pmt) for shipment March/April 2021 CIF Rotterdam.
IF IT GOES WRONG… FINAL EPISODE #7
The Mediator is ready to move from Listening to Acting. But the Mediator is not an Arbitrator.
THE MEDIATOR ACTS EPISODE 6
The Mediator is ready to move from Listening to Acting. But the Mediator is not an Arbitrator.
THE MEDIATOR MAKES A MOVE – EPISODE 5
Our Mediator, male or female, has done his/her homework. The Mediator has spoken to all the relevant parties..
GENDER ISSUES AT SCHOOL – EPISODE 4
So far the Mediator has met privately with The Schoolboy, His Parents, The Irresponsible Form Teacher and the Head.
GENDER ISSUES AT SCHOOL – EPISODE 3
You, the Mediator, have been appointed to resolve a problem in a mixed private school arising out of gender identity issues of a 13-year-old boy pupil.
GENDER ISSUES AT SCHOOL – EPISODE 2
The story so far. A teacher with a throwaway comment has ignited a controversy about a pupil’s gender.
GENDER ISSUES AT SCHOOL – EPISODE 1
This narrative is set in a City Centre fee-paying school for boys + girls. The class of 24 know that the Teacher
NEW WORLD – NEW WORDS – EPISODE 4
I concluded #162 on 20 August with the words “We are all in the grip of our working norms”. Human beings tend to repeat.
NEW WORLD – NEW WORDS – EPISODE 3
In episode 2 I highlighted the legal principles that come into play in commodity trade + shipping arbitrations.
NEW WORLD – NEW WORDS – EPISODE 2
I concluded yesterday – “The trade excels in trade matters but the arbitrators have to acquire experience of legal issues
NEW WORLD – NEW WORDS – EPISODE 1
Arbitration in the UK operates in many different sectors – some commercial + some social.
MEDIATION AND CLASS – EPISODE 3
A casual read of Mediation topics might leave you with the mistaken impression that the majority of people disputes.
MEDIATION AND CLASS – EPISODE 2
A casual read of Mediation topics might leave you with the mistaken impression that the majority of people disputes.
FAMILY TENSIONS
A casual read of Mediation topics might leave you with the mistaken impression that the majority of people disputes.
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.
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.
DETERMINED NEUTRALITY
Judges are appointed by the Courts. The parties have no role at all. Arbitration is different.
THE FLEXIBILITY OF MEDIATION EPISODE 3
It so happens that two of the three lawyers were friends from Law School days. They start to discuss and the third lawyer joins in.
THE FLEXIBILITY OF MEDIATION EPISODE 2
A recap. A 40-year-old father of 3 is killed in a car crash. The wife + children are distraught.
THE FLEXIBILITY OF MEDIATION
A happily married Husband, with three children under the age of 10, enjoys a typical family breakfast.
POST HEARING EVALUATION EPISODE 4 – DIVERSITY
In this last episode on the post-hearing evaluation, we make a final observation on the growing importance of Diversity.
POST HEARING EVALUATION EPISODE 3 – DIVERSITY
In one sense “Diversity” is “Difference”. That is to say – gender, ethnicity, age, disability and sexual orientation.
POST HEARING EVALUATION EPISODE 2
So, you have the picture. Post-hearing evaluations are important, if not essential. We all need to re-examine our work…
POST HEARING EVALUATION
You have chaired a four-day arbitration Appeal with 4 fellow arbitrators. The Hearing is over. The Award has been published.
THE MEDIATOR’S EVALUATION – EPISODE 3
Generally in life, we reflect, we review, we evaluate. We look back on what has happened and, in one form or another, we take stock.
THE MEDIATORS’ SKILLS – EPISODE 2
A mediator needs to gain the confidence of both parties but without giving either party the feeling that he/she is “on their side”.
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.
THE EXPERT WITNESS EPISODE 3
You have heard the two experts – so have your winger arbitrators.
THE EXPERT WITNESS EPISODE 2
One challenge for the arbitrator is whether the expert witness is providing evidence which is representative of the norm
THE EXPERT WITNESS
Arbitrators are often required to determine issues/disputes which may be scientific, technological or highly specialised.
THE NEIGHBOUR’S MEDIATION – EPISODE 5
When, as a Mediator, you listen to the two parties’ respective accounts two things happen – they talk + you listen…
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
- DISPUTE RESOLUTION
- 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