Thought For The Day

MEDIATION AND CLASS – EPISODE 2

MEDIATION #158 I struck a chord in Episode 1 when I suggested that middle-class mediators from leafy London suburbs may not be suitable for appointments to mediate family disputes in high rise council accommodation. To be an effective mediator you need to have...

FAMILY TENSIONS

MEDIATION #157 A casual read of Mediation topics might leave you with the mistaken impression that the majority of people disputes (non-commercial) are about middle-class arguments over Neighbour’s Noise and Property Boundaries. Wrong. In terms of numbers, the real...

DETERMINED NEUTRALITY – EPISODE 3

ARBITRATION #154 In recent days we have looked at examples of circumstances when arbitrators can become one-sided. First, you are not there to win the arbitration for the party who appointed you.  Second, you are not there to impress the high profile lawyers who have...

DETERMINED NEUTRALITY – EPISODE 2

ARBITRATION #153  You are making progress as an arbitrator. You are settling into your new responsibilities when you receive an enquiry for an appointment from one of the Leading Law Firms. You are quietly pleased – not smug or boastful but feeling good about...

THE ARBITRATOR AND HARD WORK – EPISODE 3

We have looked at Courage + Speaking Up. Now let’s look at Preparation because this, too, is an issue of Character. In short there are two choices – Skim or Read.

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THE HEALTH OF THE MEDIATOR

THE HEALTH OF THE MEDIATOR

COMMENT FOR THE DAY #66 - EPISODE 1 MEDIATION A mediation is about the parties, their dispute and possible solutions. But a topic that is always overlooked is the health+well-being of the mediator. It is a given. All is well. You work/eat. You think/act. You are...

“CHARACTER MATTERS. BIG TIME”

“CHARACTER MATTERS. BIG TIME”

MEDIATION EPISODE 6 Why Character? Why not Organisation or Speaking Skills or - Meeting Management? It does not matter how much you have studied the Manual for Mediation + noted how to present the opening session or how to have separate meetings or how to move from...

OPTIONS FOR SETTLEMENT

OPTIONS FOR SETTLEMENT

COMMENT FOR THE DAY #64 MEDIATION Today I want to focus on an underestimated skill of the mediator – the ability to paint pictures of the alternatives going forward. Let’s be clear, the options are there – harmony or rupture. But can you give the right focus? Are you...

KEEPING COOL

KEEPING COOL

COMMENT FOR THE DAY #63 - EPISODE 5 ARBITRATION AND ADVOCACY Advocacy is about pressure. Lots of pressure. You are a professional with responsibility. The client who is paying your fee is trusting you. The Tribunal will be watching you. Your opponent will be assessing...

KNOW STRENGTHS + WEAKNESSES OF YOUR CASE

KNOW STRENGTHS + WEAKNESSES OF YOUR CASE

COMMENT OF THE DAY #62 - EPISODE 4 ARBITRATION AND ADVOCACY This is an important part of preparation - know where you are strong but also know where you are weak. Be Prepared. Rarely is an arbitration 100% in favour of one party. Usually, it is a mix of arguments...

ALLOW THE ANGER TO COME OUT

ALLOW THE ANGER TO COME OUT

COMMENT FOR THE DAY #61 - EPISODE 5 H+W mediations can be the tensest. Just have a read of Shakespeare + see how jealousy can distort normal thought processes. You have to sit + listen. Don't try to deflect or curtail. The aggrieved partner - and it can be H as well...

Graham Perry

Author 

Mr Graham Perry M.A. Cantab FCIArb

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