Thought For The Day

FATHER’S LATE WILL – EPISODE 1

MEDIATION #123 Arnold was married to Beryl, had two children – Celia/Darryl - both married each with three children +living, respectively, in Newmarket/Cambridge. The parents lived together in Bury St Edmonds until Beryl passed away aged 72. Who to look after...

WRITERS’ BLOCK – EPISODE 3

ARBITRATION #122 You are up + running. You are back in control. You have prepared your List of Issues. You have re-located your clarity of purpose. In your mind “the appellants win for the following reasons” + you have them clearly set out in summary. Good news. You...

WRITERS’ BLOCK – EPISODE 2

ARBITRATION #121 Picking up from Episode 1, the Hearing is over + the next step is to write the award. But for a combination of reasons, you lack inspiration. The brain is not engaged. The ideas are not taking shape. The page remains blank. The first option, addressed...

WRITERS’ BLOCK – EPISODE 1

ARBITRATION #120 We are all dispute resolvers. Some arbitrators/some mediators. The former, rather than the latter, have to produce an award. The latter produces a mediation settlement/agreement which has its own challenges. But in this narrative, I am concentrating...

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Is a Face to Face Meeting Essential

Is a Face to Face Meeting Essential

There is no set procedure for the conduct of the mediation. It depends on what is agreed by the mediator + the parties. The mediator does not have a veto + the parties can, therefore, impose a procedure on the mediator. But the point today is whether all mediators...

Do you need to have a personality for an arbitrator?

Do you need to have a personality for an arbitrator?

You have to have Character but do you also need to have Personality? Temperament, charm, likeability - these are the words associated with Personality as distinct from Character which is knowing the difference between right and wrong. Personality is not being "Jack...

Mediation – Positions and Interests

Mediation – Positions and Interests

You are mediating a dispute. You have asked the parties to set out their positions but things are not going well. There is no movement. Heels are being dug in. Now is the time to start thinking about anti-logjam. How to get some activity? How to move matters to a new...

Can You Teach Discretion?

Can You Teach Discretion?

An interesting contradiction exists between the exercise of discretion on the one hand AND the need for Tribunal consistency on the other hand. Discretion means you are free to make up your own mind. There are constraints. You need to be fair + reasonable + objective...

Unconscious Bias

Unconscious Bias

Unconscious bias is a big issue. How do Mediators and Arbitrators deal with this problem? The difficulty is that the bias is not always recognised or detected and that is because the bias is nearly always unconscious. Our problem has been that we could only deal with...

Standards Of Behaviour

Standards Of Behaviour

Yesterday morning I wrote about dispute resolvers need for integrity and character. Today I focus on standards of behaviour - an essential part of a dispute resolver's make up. Ego is the danger here. We all need some ego because ego and self-confidence go together...

Graham Perry

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Mr Graham Perry M.A. Cantab FCIArb

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