Thought For The Day

THE EXPERT WITNESS EPISODE 2

by | 26 July 2021 | Arbitration, THE EXPERT WITNESS, Thought For The Day | 0 Comments

Arbitration #140 One challenge for the arbitrator is whether the expert witness is providing evidence that is representative of the norm or is novel even maverick or recognised only by a small minority in the relevant technical community. For example, the evidence may...
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THE EXPERT WITNESS

by | 24 July 2021 | Arbitration, THE EXPERT WITNESS, Thought For The Day | 0 Comments

Arbitration #139 Arbitrators are often required to determine issues/disputes which may be scientific, technological or highly specialised. These may require an explanation of technical jargon, methodology, professional standards, custom and practice and national +...
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THE NEIGHBOUR’S MEDIATION – EPISODE 5

by | 23 July 2021 | Mediation, THE BIGGEST SOURCE OF MEDIATION, Thought For The Day | 0 Comments

MEDIATION #138 When, as a Mediator, you listen to the two parties’ respective accounts two things happen – they talk + you listen. But your listening is not detached/inactive but creative + solution oriented. You are looking for building blocks to a successful...
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MEDIATION BETWEEN THE NEIGHBOURS – EPISODE 4

by | 22 July 2021 | Mediation, THE BIGGEST SOURCE OF MEDIATION, Thought For The Day | 0 Comments

MEDIATION #137 You have met with George + Hatty (G+H) and now you call next door + speak to Tessa who, like H, also invites you over for tea with her and Alvin The houses are both solid mock Tudor. The interiors are, however quite different. #6 is quiet, conventional,...
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Estate Agent Mediation – Part 3

Estate Agent Mediation – Part 3

Mar 25, 2021

COMMENT OF THE DAY #39 MEDIATION The story so far. 3 Staying Partners (SP) and 1 Departing Partner (DP) meet for a Mediation. Reconciliation is possible. Two SP's are interested + the 1 DP too. The obstacle is the one female SP who bears a grudge against the DP...

MORE ON ASSESSING THE WITNESS

MORE ON ASSESSING THE WITNESS

Mar 24, 2021

“COMMENT OF THE DAY #38 ARBITRATION MORE ON ASSESSING  THE WITNESS Today I am sticking to the issue of assessing witnesses + deciding how much importance you can attach to their evidence. Actually, it is a key part of our work as arbitrators. Does the witness impress?...

Estate Agent Partnership mediation

Estate Agent Partnership mediation

Mar 23, 2021

COMMENT OF THE DAY #37 You remember the conundrum re the Estate Agent Partnership mediation - see Saturday 20 March. There may be a chance of peace + reconciliation. 2 of the 3 partners are interested + also the departing partner. The problem is the third partner who...

ASSESSING A WITNESS

ASSESSING A WITNESS

Mar 22, 2021

COMMENT OF THE DAY #37 Interesting one this. Is this a matter of training or "gut feel"? First, eliminate bias. Do you? or does it fester as a negative and get in the way of a balanced and objective judgment? Bias - can be gender (some men may take against women +...

WHAT WOULD YOU DO?

WHAT WOULD YOU DO?

Mar 20, 2021

You are near the end of day 1 of an estate agent partnership dispute. 3 partners against 1. Is the only solution a split or is there a chance that the mediation can bring about a reconciliation? Amongst the 3, 2 prefer a "get-back-together". No 3 - who happens to be...

WHO PAYS FOR A S57 DECISION

WHO PAYS FOR A S57 DECISION

Mar 19, 2021

ARTICLE #34 S 57 of the Arbitration Act 1996 permits a Tribunal to correct an award so as to remove any clerical mistake or error arising from an accidental slip or omission or clarify or remove any ambiguity in the award. Let's assume you as Chair + 2 wingers have...

Graham Perry

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Mr Graham Perry M.A. Cantab FCIArb

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