Thought For The Day

THE MEDIATOR’S EVALUATION – EPISODE 3

MEDIATION #144 Generally in life we reflect, we review, we evaluate. We look back on what has happened and, in one form or another, we take stock. Could it have been done better? Did I miss anything? What can I learn? There is self-evaluation + there is other-people...

THE MEDIATORS’ SKILLS – EPISODE 2

MEDIATION #143 A mediator needs to gain the confidence of both parties but without giving either party the feeling that he/she is “on their side”. This is not as easy as it sounds. Let me explain – the first meeting with Party A, with or without their solicitor, is an...

THE MEDIATORS’ SKILLS

MEDIATION #142 It is good to break away from the daily diet of Mediation Stories and focus back on the qualities of a successful mediator. What is it that sets the Mediator apart? What skills does he/she need to possess to persuade the parties to agree to his/her...

THE EXPERT WITNESS EPISODE 3

Arbitration #141 You have heard the two experts – so have your winger arbitrators. You have also listened to the closing speeches of the two trade representatives or counsel - dependent on whether lawyers are allowed to appear before you. And now you have to decide...

DAVIDA AND GOLIATH – EPISODE 7

Let’s consider the alternative scenarios. B could have been intimidated + then refrained from saying anything. A would have pushed even more vigorously for his favoured outcome

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CAN A MEDIATOR DECIDE A CASE?

CAN A MEDIATOR DECIDE A CASE?

COMMENT OF THE DAY #47 MEDIATION At the end of a long day + lengthy negotiations, the parties are unable to achieve a settlement. There is one sticking point + they ask you to decide the issue for them. - What do you do? Interesting. You are a mediator. Your job is to...

WHAT KIND OF AN AWARD

WHAT KIND OF AN AWARD

COMMENT OF THE DAY #45 ARBITRATION In post No 45 I focused on the different titles given to arbitrators' awards and considered an award on a preliminary issue. It is not a preliminary award - the award is final but it is on one aspect of the dispute between the...

THE FIRST PRIVATE SESSION

THE FIRST PRIVATE SESSION

COMMENT FOR THE DAY #45 MEDIATION You are the mediator. You have had the opening session - introduced yourself; thanked everyone for coming; explained your role; explained the procedure. Now you go One-to-One with the first party. So important to get this right. The...

THE ESTATE AGENT PARTNERSHIP DISPUTE  FINAL EPISODE

THE ESTATE AGENT PARTNERSHIP DISPUTE FINAL EPISODE

COMMENT OF THE DAY #43 MEDIATION The story so far - 3 partners meet to mediate the departure of a fourth. As you proceed it becomes apparent that 2 of the partners and the 4th partner could consider reconciliation as the cost of separation becomes a factor. But the...

THE BUNDLE ARRIVES

THE BUNDLE ARRIVES

COMMENT OF THE DAY #42 A bundle is delivered to you. What to Do? Three Steps;- 1. Do Nothing - just store them in the corner. Wrong. At the minimum, you have to acknowledge their arrival by emailing the sender. 2. Before acknowledging, look at the contents to make...

EPISODE 4 THE ESTATE AGENT PARTNERSHIP

EPISODE 4 THE ESTATE AGENT PARTNERSHIP

COMMENT OF THE DAY #41 MEDIATION The situation is clearer. Two of the SP's and the one DP are thinking of reconciliation. The woman SP is spitting blood + wants the DP out because he cheated on his wife - a good friend of the SP You know the mediation needs you to see...

Graham Perry

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Mr Graham Perry M.A. Cantab FCIArb

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