GOOD MORNING FROM LONDON

MEDIATION  – #325

EPISODE #2 – ADVOCATES AT WAR

Episode 2 concluded;-

But there are occasions when a more forthright approach is required. Firmness, clarity and most important of all – a sense of power. You are the Boss. You have to be in control. Sometimes a light touch works and the advocates get the message. But advocates can go too far and that is when you – the Chair – have to be clear and uncomplicated. Sometimes a reference to yellow and red cards can do the trick. Just letting the advocates know – with a touch of humour – who is in charge.

Episode 3 commences;-

What you say depends on who you are. Your words are an expression of you and there is a danger in trying to copy the words of another Chair. Being the boss means that your approach sets the tone of the proceedings. Your words may well be different from another arbitrator and that is to be expected. We all have our strengths and our weaknesses. We have our own style, our own temperament, our own comfort zones; our own sense of formality and informality.

You can observe other Chairs; notice their style, their use of words; their succinctness and their elaboration; their speed off the mark and their tolerance of flannel and indulgence. There is much to view and you have to be alert, vigilant, conscientious and one hundred per cent aware. You cannot have any “off” periods when your mind switches to something at home or an incident on the train or an item in the News. Minds do wander but be firm with yourself and bring yourself back into the present. Sometimes a change in your posture or reaching for a glass of water or a glance back at the documents – all designed to break any tendency to wander. Even  a slight cough will bring you back to the task in hand. Be professional; from start to finish; from first to last.

Be attentive to temperature and noise and air conditioning and central heating. Think about concentration levels, hot drinks and cold, seating arrangements and space and – of course – the clock. Without being officious or over-bearing do think about time. Is the hearing moving comfortably or are there time issues coming into play? Is the cross-examination of a witness excessive or oppressive? Is a witness being bullied or is he/she playing for time with one eye on the clock.

And the concentration levels of the Tribunal? They need to be high and maintained. But people are people. Some find focus easily and others will struggle. Some have durability and inner strength and others excel in flashes and struggle to maintain concentration. You as a Chair are not there to change people. They are what they are and have been appointed as worthy of Appeal Board membership. You, as Chair, have to work with what you have. There are plusses and minuses. There are strengths and weaknesses. Some are lively and compatible. Others are dull and separate. You as Chair have to know your colleagues and be shrewd enough to know how to get the best out of them. So do your homework. Give thought to each individual and the test for you? – is to provide the Board with the conditions which enable them to give their best. You are a Facilitator.

EPISIODE 4. HANDLING BOARD DIFFERENCES.