We know where we are. The new Arbitrator B has concerns about the functional imbalance of the Tribunal. She feels that fellow winger, Arbitrator A, is taking the initiative and setting the agenda.
Thought For The Day
AN ANXIOUS NEW ARBITRATOR – EPISODE 3
B is unsettled. She senses that things are not right. To her way of thinking – based on her training – the Tribunal is composed of equals.
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STRENGTHS + WEAKNESSES
ARTICLE #33 You are a family mediator. You are accredited + experienced + well organised. You have a track record + you get appointments. But something is wrong. Unresolved blockages have occurred. Solutions are not so easy to reach. You are in a corner. What to do?...
DEFINE THE ISSUES
COMMENT OF THE DAY #32 When the talking is done, the hearing is over and the drafting begins are you clear in your mind about the issues you have to address? Often the answer is "Yes". In many cases, the issues stand out + you know the sequence of matters you have to...
LOOKING AT THINGS FROM THE OTHER SIDE
COMMENT OF THE DAY POST#31 As a mediator, you know you are making progress if you can get a party to move away from inflexible consideration of their own case. Actually - it is one of the hardest initiatives to get underway. It is a "human thing". The parties focus on...
TIRED AND DULL
COMMENT OF THE DAY #30 It happens. Arbitrators become jaded. Work piles up. You are losing your sparkle. You are not on top. You are falling behind. You are not leading - just following. And you are no good to anyone. Mistakes will happen + you will be failing to...
PARTIES BEWARE OF INQUISITORIAL ARBITRATORS
POST #29 Arbitrators can require answers to awkward questions. Not in every situation but the parties need to know that they can come unstuck. In Post 27 I posed a question - can Arbitrators require parties to disclose documents they would prefer did not seek the...
THE BIG OPPORTUNITY
POST#28 You are a sole mediator negotiating a financial arrangement following the divorce of an husband + wife (with young children) still in strife mode. Things are not going well. Suddenly there is an explosion - a dispute over the house paintings - no money value...
Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer