Mediation

THE ARBITRATOR BECOMES A MEDIATOR – EPISODE 1

MEDIATION #112 I return to a theme briefly mentioned some months back – the arbitrator who has to mediate between two fellow arbitrators. The arbitration is up + running. The Tribunal of three arbitrators - you in the Chair as Mr X, and two wingers - Ms Y + Mr Z - is...

The Mother’s Illness – Episode 5

Mediation  A new issue is now in the open and it affects the course of the dispute between parents and daughter. This happens in mediation as you peel off the leaves of the artichoke one by one.The process is not a seamless transition from conflict to resolution. New...

THE MOTHER’S ILLNESS EPISODE 4

MEDIATION EPISODE 4 You have had a private meeting with the parents who have disclosed the mother’s terminal illness. You know this information is a major new factor for the daughter – and maybe the fiancée for a different reason - and that it has to be passed to the...

MEETING DAUGHTER + FIANCEE EPISODE 3

MEDIATION  EPISODE 3 You have met the parents. Their issues are clear.Now the daughter + fiancéeThey are planning to become a couple so you have to meet them as a couple. At this stage you would have big problems if you meet with them separately – distrust being the...

THE MEDIATOR PRODS – EPISODE 2

You have been appointed as Mediator by the Council Chief Executive Officer [CEO] and she has informed all interested parties of your appointment including the brother + siste

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Mediation – Positions and Interests

Mediation – Positions and Interests

You are mediating a dispute. You have asked the parties to set out their positions but things are not going well. There is no movement. Heels are being dug in. Now is the time to start thinking about anti-logjam. How to get some activity? How to move matters to a new...

Unconscious Bias

Unconscious Bias

Unconscious bias is a big issue. How do Mediators and Arbitrators deal with this problem? The difficulty is that the bias is not always recognised or detected and that is because the bias is nearly always unconscious. Our problem has been that we could only deal with...

I Want To Be A Dispute Resolver

I Want To Be A Dispute Resolver

There are not many people who, at a young age, inform their parents that “I want to be a Dispute Resolver when I grow up”. You start somewhere else and then changes in your life lead you to consider a switch into arbitration or mediation. Something happens – you hear...

FAMILY SEPARATION  – TWO CHILDREN OR THREE?

FAMILY SEPARATION – TWO CHILDREN OR THREE?

A marriage has broken up. There are three children aged – 7, 4 and four months. There are assets but not large. The husband is a self-employed accountant with average means. The wife took in part-time work until the birth of the baby. You have accepted the appointment...

PARTIES THAT WONT PARTICIPATE

PARTIES THAT WONT PARTICIPATE

You have accepted an appointment as a mediator in a dispute between directors who have fallen out. There are three directors – two on one side and one on the other. The dispute is proceeding to court. There is a requirement to mediate. Your terms of appointment have...

HOW CONFIDENTIAL IS A MEDIATION AGREEMENT?

HOW CONFIDENTIAL IS A MEDIATION AGREEMENT?

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...

Graham Perry

Author 

Mr Graham Perry M.A. Cantab FCIArb

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