Thought For The Day

DETERMINED NEUTRALITY

ARBITRATION #152 Judges are appointed by the Courts. The parties have no role at all. Arbitration is different. In many instances, the Parties appoint their own arbitrators + the appointment relationship sometimes leads to confusion, misunderstanding, crossed wires....

THE FLEXIBILITY OF MEDIATION EPISODE 3

ARBITRATION #151 Episode 2 concluded.“It so happens that two of the three lawyers were friends from Law School days. They start to discuss and the third lawyer joins in.” The First Lawyer speaks; “The Police investigation concluded that the deceased Husband had no...

THE FLEXIBILITY OF MEDIATION EPISODE 2

ARBITRATION #150 A recap. A 40-year-old father of 3 is killed in a car crash. The wife + children are distraught. An issue has arisen as to the cause of the crash – a burst tyre. Was it the fault of the garage that installed the new tyre or the tyre manufacturer or...

THE FLEXIBILITY OF MEDIATION

ARBITRATION #149 What follows is a true story. A happily married Husband, with three children under the age of 10, enjoys a typical family breakfast. Satchels are being filled; snacks stuffed into corners and homework of sorts is ready to be handed in. A kiss for the...

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CONTROLLING YOUR HOURS

CONTROLLING YOUR HOURS

COMMENT FOR THE DAY #60  - EPISODE 3 ARBITRATION AND ADVOCACY You have been appointed to represent a party in an arbitration. There is to be an oral hearing. There are documents + zoom calls + witness statements + legal issues. It is a big undertaking. In the midst of...

OFFERS TO SETTLE AND COSTS

OFFERS TO SETTLE AND COSTS

COMMENT OF THE DAY #59 - EPISODE 4 MEDIATION "A Bitter Past Gets In The Way Of A Constructive Future" Husband + Wife disputes have the most tension, confrontation + anger. They fight in the present about the past split and it affects the future. H offers a little...

ADVOCACY EPISODE 2

ADVOCACY EPISODE 2

COMMENT FOR THE DAY #58 ARBITRATION Good advocacy requires skills. First, Be Organised. Prepare different schedules - a chronology of events from documents/bundles. Don't let anything slip through the net. You must have a clear understanding of the sequence of events...

DO I HAVE TO SETTLE?

DO I HAVE TO SETTLE?

COMMENT OF THE DAY #57 EPISODE 3 MEDIATION The Court instructs the parties to try to mediate a dispute. Suppose it's an H + W post-divorce maintenance/financial dispute. Suppose the W wants a lot + the H offers a little. The Judge says "Go Away + Mediate". The Judge...

ADVOCACY IS A CHALLENGE – EPISODE 1

ADVOCACY IS A CHALLENGE – EPISODE 1

COMMENT FOR THE DAY #56 ARBITRATION You can be an arbitrator or a party or the arbitration institution or an expert witness or just a witness. But you can also be an advocate - the person who presents the case + argues the case for one of the parties. If the parties...

DO YOU HAVE TO MEDIATE?

DO YOU HAVE TO MEDIATE?

COMMENT OF THE DAY #55 - EPISODE 2 MEDIATION The court wants you to mediate because many disputes do not need to go down the path of confrontation. Some are made for mediation + some will never mediate. But the court requires you, at least, to try to meditate. So try!...

Graham Perry

Author 

Mr Graham Perry M.A. Cantab FCIArb

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