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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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...
ARBITRATION – ADVERSARIAL OR INQUISITORIAL?
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...
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
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
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...
Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer