DO I HAVE TO SETTLE?

DO I HAVE TO SETTLE

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

15 April 2021

COMMENT OF THE DAY #57 EPISODE 3

MEDIATION

The Court instructs the parties to try to mediate a dispute. Suppose it’s an H + W post-divorce maintenance/financial dispute. Suppose the W wants a lot + the H offers a little. The Judge says “Go Away + Mediate”. The Judge is right. The parties should not use limited funds to sustain a bitter fight.

But often a bitter past gets in the way of a constructive future. + the losers? The Children – + also the H+W whose ongoing bitterness will permeate every aspect of their lives for many years ahead.

The situation may be different in a commercial dispute between two companies of equal stature. The dispute may not be bitter but neither side wants to relent. Try and meditate. “It is always better to jaw-jaw than to war-war.” But be sensible + not provocative. When the failed mediation comes back to Court the Judge will look at “Who Did What” and decide on “Who Pays What” re costs. So be clear-headed, balanced with eyes wide open. A good mediator can save an angry party from facing a big bill. Pick your mediator with care.
Episode #4 available on 17 April.

Episode

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