The Mediator, usually a relaxed + reassuring conversationalist, is “all over the place”. In a departure from her normal ways, she avoids eye contact..
Mediation
THE MEDIATOR AGONISES – EPISODE 4
So two issues now face the Mediator – first, does she have feelings for Juliet and, second, if she does where does that leave her in relation to the Mediation?
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THE CLAIMANT’S OVER-ACTIVE LAWYER
MEDIATION You have won the day. You isolated the trouble threatening Claimants Over-Active Lawyer (renamed COAL). You worked your magic on the parties. You created momentum + things fell into place. It is not always like this. Mediation can be derailed. Success is not...
THE OVER-ACTIVE PLAINTIFF’S LAWYER – EPISODE 5
COMMENT FOR THE DAY MEDIATION Things are going your way but still some hurdles. Your talk with the parties has gone well. You are discussing settlement. But what about the Plaintiff’s Over-Active Lawyer (POAL). His ego is bruised + which is dangerous. You want him...
THE OVER-ACTIVE PARTY LAWYER EPISODE 4
COMMENT FOR THE DAY MEDIATION Can you get the parties + their lawyers to agree to two simultaneous side-by-side meetings? The first with you + the parties. Second – the 2 lawyers working on the detail. You hope so. It is the way forward. You think hard overnight. What...
THE OVER-ACTIVE PARTY LAWYER – EPISODE #3
COMMENT FOR THE DAY #93MEDIATION The claimant’s lawyer is over-prominent. He is presenting problems, not solutions. Two matters in your favour. First, the parties earlier good commercial relationship. Second, if there is to be a solution, then there is detail...
THE ASSERTIVE LAWYER
COMMENT FOR THE DAY #92 EPISODE 2 MEDIATION You sense you have a problem with the Claimants’ over-active lawyer. He has too much to say. Is it a one-off or a sign of things to come? It’s the latter + the problem is getting bigger, not smaller. Does he have problems...
THE DOMINATING SOLICITOR EPISODE 1
COMMENT FOR THE DAY #91 MEDIATION The scenario. The solicitors representing the two parties to a dispute have advised their clients to pull back from the brink and, instead of going to arbitration, have decided to give mediation a chance. Your appointment as mediator...
Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer