Let’s recap. You have met with the Chief Executive of the Local Authority who has appointed you to mediate..
Mediation
THE SPARKS FLY – EPISODE 3
The Mediator’s meeting with the Residents was always going to be challenging. Should the meeting be with the Chair of the Residents Association [RA]?
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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...
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!
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...
Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer