Law

THE BIG OPPORTUNITY

by | 12 March 2021 | Arbitration, Law, Mediation, Thought For The Day | 0 Comments

POST#28 You are a sole mediator negotiating a financial arrangement following the divorce of an husband + wife (with young children) still in strife mode. Things are not going well. Suddenly there is an explosion - a dispute over the house paintings - no money value...
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SETTLEMENT DISCUSSIONS

by | 10 March 2021 | Arbitration, Law, Thought For The Day | 0 Comments

You remember the problem? Party A authorises you to offer payment of £100,000 to settle a dispute. You then go to Party B but before you can convey the offer Party B informs you that they will accept £80,000. Ouch! You could go back to A and tell them that they can...
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ARBITRATION – ADVERSARIAL OR INQUISITORIAL?

by | 9 March 2021 | Arbitration, Law, Mediation, Thought For The Day, Uncategorised | 0 Comments

s 34 Arbitration Act 1996 "It shall be for the tribunal to decide all procedural and evidential matters, subject to the right of the parties to agree any matter... (2) Procedural and evidential matters include — --- (g) whether and to what extent the tribunal should...
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Settlement Offers Can Create Problems

by | 8 March 2021 | Arbitration, Law, Mediation, Thought For The Day | 1 Comment

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....
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PARTIES BEWARE OF INQUISITORIAL ARBITRATORS

Mar 13, 2021

POST #29 Arbitrators can require answers to awkward questions. Not in every situation but the parties need to know that they can come unstuck. In Post 27 I posed a question - can Arbitrators require parties to disclose documents they would prefer did not seek the...

THE BIG OPPORTUNITY

Mar 12, 2021

POST#28 You are a sole mediator negotiating a financial arrangement following the divorce of an husband + wife (with young children) still in strife mode. Things are not going well. Suddenly there is an explosion - a dispute over the house paintings - no money value...

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HOW CONFIDENTIAL IS A MEDIATION AGREEMENT?

HOW CONFIDENTIAL IS A MEDIATION AGREEMENT?

Jan 25, 2021

You were appointed as Mediator in an accountant’s partnership dispute. There is a Mediation Agreement signed by the two parties, being the Partnership and the Departing Partner, and by yourself. The Mediation Agreement contains a confidentiality clause. Things go well...

ARBITRATION OR MEDIATION

ARBITRATION OR MEDIATION

Jan 10, 2021

Graham Perry; When you consider Dispute Resolution, there are two main options; Arbitration or Mediation. Both are excellent – really top-notch. Tested, Track Record, Good Outcomes Not always guaranteed – sometimes a mediation fails or an arbitration increases...

Graham Perry

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Mr Graham Perry M.A. Cantab FCIArb

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