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.
Arbitration
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.
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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
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
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
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
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
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...

Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer