Final stages + you are drafting your report to the CEO on the outcome of the mediation. She is the client and you are reporting to her + not the Residents or the Developer.
Mediation
THE DEVELOPER MEETS THE RESIDENTS – EPISODE 5
The Developer’s Meeting with the Residents is high risk. It could end in acrimony but it could also be a big step forward. You are not a gambler by nature but your instinct tells you it can end in cheers, not tears.
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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?...
LOOKING AT THINGS FROM THE OTHER SIDE
COMMENT OF THE DAY POST#31 As a mediator, you know you are making progress if you can get a party to move away from inflexible consideration of their own case. Actually - it is one of the hardest initiatives to get underway. It is a "human thing". The parties focus on...
PARTIES BEWARE OF INQUISITORIAL ARBITRATORS
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
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...
PRODUCING UNHELPFUL DOCUMENTS
You are sole arbitrator. You have moved on to considering damages. You think that both parties might be holding back market evidence they have obtained which does not support their submissions. Do you have the authority to direct both parties to disclose all the...
Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer