Mediation

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...

WHY THIS COLUMN?

ARBITRATION/MEDIATION #102 A 24hr pause in order to explain why this daily column is written. What does it say? Who is it for? There is a significant gap in the post-qualification training of arbitrators/mediators. We qualify, we get appointments, we work but the...

THE CLAIMANT’S OVER-ACTIVE LAWYER

MEDIATION You have won the day. You isolated the trouble threatening Claimants Over-Active Lawyer (renamed COAL). You worked your magic on the parties. You created momentum + things fell into place. It is not always like this. Mediation can be derailed. Success is not...

GRASPING THE NETTLE EPISODE 6

The CEO is not the problem. He wants it to go away so he can float his company. He is motivated to succeed +

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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...

ARBITRATION  OR  MEDIATION PART 2

ARBITRATION OR MEDIATION PART 2

THE  ARBITRATOR The Arbitrator has authority and power. He/She listens to the parties. He makes a decision His decision is final subject to rights of appeal. His position in the Dispute Resolution process is quite different from that of the Mediator. The arbitrator...

ARBITRATION OR MEDIATION

ARBITRATION OR MEDIATION

Graham Perry; When you consider Dispute Resolution, there are two main options; Arbitration or Mediation. Both are excellent – really top-notch. Tested, Track Record, Good Outcomes Not always guaranteed – sometimes a mediation fails or an arbitration increases...

Graham Perry

Author 

Mr Graham Perry M.A. Cantab FCIArb

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