Arbitration

LENGTHY ORAL SUBMISSIONS – EPISODE 3

ARBITRATION #130 Picking up from yesterday, you are back in the Hearing Room with parties, transcribers, + observers. “We have an issue that we want to raise with the parties. We have received, in good time, pre-hearing submissions + documents. These have been read +...

WRITERS’ BLOCK – EPISODE 3

ARBITRATION #122 You are up + running. You are back in control. You have prepared your List of Issues. You have re-located your clarity of purpose. In your mind “the appellants win for the following reasons” + you have them clearly set out in summary. Good news. You...

WRITERS’ BLOCK – EPISODE 2

ARBITRATION #121 Picking up from Episode 1, the Hearing is over + the next step is to write the award. But for a combination of reasons, you lack inspiration. The brain is not engaged. The ideas are not taking shape. The page remains blank. The first option, addressed...

WRITERS’ BLOCK – EPISODE 1

ARBITRATION #120 We are all dispute resolvers. Some arbitrators/some mediators. The former, rather than the latter, have to produce an award. The latter produces a mediation settlement/agreement which has its own challenges. But in this narrative, I am concentrating...

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Settlement Offers Can Create Problems

Settlement Offers Can Create Problems

You are doing a commercial mediation. Things are going well. There is movement and open minds. In a private meeting, Party A authorises you to inform Party B that Party A will accept an immediate one-off payment of £80,000 from Party B in settlement of the dispute....

LIST THE ISSUES

LIST THE ISSUES

As a Chair of five arbitrators on an Appeal Board, I always focused on listing the issues. It brings focus + clarity to your work. No list + issues can slip through the net. This is not just a fail safe tactic - it serves two specific purposes;- First, - if you get it...

MEDIATION CONUNDRUM

MEDIATION CONUNDRUM

An employee is fired. The grounds are not strong. He agrees to mediation. Actually you have a subjective sympathy for him but you know that this cannot blur your judgement. You know you have to remain neutral but you do feel he has been manipulated. The firm is...

Mediation Impasse

Mediation Impasse

You are the sole mediator. There is an impasse. Nothing is moving. You are beginning to feel the pressure. And you do wonder if you are doing things right. This is where your skills come into play – Are you thinking creatively? Have you an open mind or are you, like...

Arbitrators need to be organised!

Arbitrators need to be organised!

They have to be ahead of the game + not trailing in its wake. Fall behind + you never catch up. Once Behind Always Behind. This is back to bad habits - one of the hardest things to do in life is to boot out a bad habit. A habit is a habit - like putting one foot in...

Are You A Competent Mediator?

Are You A Competent Mediator?

First Moments Matter. Be yourself - don't be a phoney or artificial. Some mediators act like that because the moment gets to them. Sometimes you have to fight to be natural. A contradiction in terms but not really. Think about it. You are the centre of attention....

Graham Perry

Author 

Mr Graham Perry M.A. Cantab FCIArb

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