Arbitration

POST HEARING EVALUATION EPISODE 3 – DIVERSITY

ARBITRATION #147 In one sense “Diversity” is “Difference”. That is to say – gender, ethnicity, age, disability and sexual orientation. We are an assortment, a range, a medley, a mix. That is a given. But take it to the next stage and we have different cultures,...

POST HEARING EVALUATION EPISODE 2

ARBITRATION #146 So, you have the picture. Post-hearing evaluations are important, if not essential. We all need to re-examine our work, our performances either by carrying out our own review or with the help of a “best friend” – who presses, probes, and asks the...

POST HEARING EVALUATION

ARBITRATION #145 You have chaired a four-day arbitration Appeal with 4 fellow arbitrators. The Hearing is over. The Award has been published. There is no S57 application. You have reached the end of the case. Well, not quite because you still need to carry out an...

THE EXPERT WITNESS EPISODE 3

Arbitration #141 You have heard the two experts – so have your winger arbitrators. You have also listened to the closing speeches of the two trade representatives or counsel - dependent on whether lawyers are allowed to appear before you. And now you have to decide...

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.

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MORE ON ASSESSING THE WITNESS

MORE ON ASSESSING THE WITNESS

“COMMENT OF THE DAY #38 ARBITRATION MORE ON ASSESSING  THE WITNESS Today I am sticking to the issue of assessing witnesses + deciding how much importance you can attach to their evidence. Actually, it is a key part of our work as arbitrators. Does the witness impress?...

Estate Agent Partnership mediation

Estate Agent Partnership mediation

COMMENT OF THE DAY #37 You remember the conundrum re the Estate Agent Partnership mediation - see Saturday 20 March. There may be a chance of peace + reconciliation. 2 of the 3 partners are interested + also the departing partner. The problem is the third partner who...

ASSESSING A WITNESS

ASSESSING A WITNESS

COMMENT OF THE DAY #37 Interesting one this. Is this a matter of training or "gut feel"? First, eliminate bias. Do you? or does it fester as a negative and get in the way of a balanced and objective judgment? Bias - can be gender (some men may take against women +...

WHO PAYS FOR A S57 DECISION

WHO PAYS FOR A S57 DECISION

ARTICLE #34 S 57 of the Arbitration Act 1996 permits a Tribunal to correct an award so as to remove any clerical mistake or error arising from an accidental slip or omission or clarify or remove any ambiguity in the award. Let's assume you as Chair + 2 wingers have...

STRENGTHS + WEAKNESSES

STRENGTHS + WEAKNESSES

ARTICLE #33 You are a family mediator. You are accredited + experienced + well organised. You have a track record + you get appointments. But something is wrong. Unresolved blockages have occurred. Solutions are not so easy to reach. You are in a corner. What to do?...

DEFINE THE ISSUES

DEFINE THE ISSUES

COMMENT OF THE DAY #32 When the talking is done, the hearing is over and the drafting begins are you clear in your mind about the issues you have to address? Often the answer is "Yes". In many cases, the issues stand out + you know the sequence of matters you have to...

Graham Perry

Author 

Mr Graham Perry M.A. Cantab FCIArb

Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer