The Mediator, usually a relaxed + reassuring conversationalist, is “all over the place”. In a departure from her normal ways, she avoids eye contact..
Thought For The Day
THE MEDIATOR AGONISES – EPISODE 4
So two issues now face the Mediator – first, does she have feelings for Juliet and, second, if she does where does that leave her in relation to the Mediation?
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CLEARING YOUR HEAD
COMMENT OF THE DAY #54 ARBITRATION If being an arbitrator is your career, you will be mixing hearings with reading submissions +drafting awards/directions. In the course of a month, challenges arise that can throw you off course - a bereavement; an ailment; a relative...
IS IT AN OFFER TO SETTLE?
COMMENT FOR THE DAY #53 MEDIATION Party A makes an offer in a mediation. Party B thinks the offer is “derisory” + an “insult”. Party B threatens to walk out of the mediation + inform the court that Party A did not engage in the mediation “in good faith” (i.e. in...
ARBITRATORS – BE ALERT FROM START TO FINISH
COMMENT OF THE DAY #52 ARBITRATION This column has always stressed that arbitrators, + mediators, need stamina. You are doing a professional job. Be 100% professional from the moment you are appointed to the moment that the award is published. And it is so easy to...
DO YOU STEP IN AND DECIDE?
COMMENT FOR THE DAY #51 MEDIATION Yes - you step in and decide. You will be bringing the parties together. You will be doing what they want you to do. You will have brought about mediation of the dispute. The agreement has been reached. Job well done. Congratulations....
TO DECIDE OR NOT TO DECIDE
COMMENT OF THE DAY MEDIATION The parties have asked you to decide the one remaining issue in dispute between the parties. Do you agree to their request? THE NO ARGUMENT You are the mediator - not the arbitrator. You cannot decide on an issue. Your task is to bring the...
WHAT KIND OF AWARD?
COMMENT OF THE DAY #48 ARBITRATION Repeating - every award is a final award. There can be no interim award because that word suggests that the award is not a final award. There can be a final award on a preliminary matter - such as jurisdiction or which contract of...
Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer