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
Mediation
THE BACKGROUND – EPISODE 1
A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.
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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 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
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?
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
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?
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...

Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer