MEDIATION AND CLASS – EPISODE 3

MEDIATION AND CLASS

Written by Graham Perry

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

17 August 2021

MEDIATION #159

Comments from two Readers.
First from Mike MciIwrath, an active Mediation user in the Oil + Gas Sector. https://www.mmcilwrath.com/

 He writes:

“Graham, I read your posts with enthusiasm, and I thank you for including me on your list. As a long-time consumer of mediation, my only question would be, does your analysis hold up the other way? Would this thesis also hold that the 60+ mother of three with experience of late-night fisticuffs are not a good mediator for a divorcing middle-class family from the suburbs?
When selecting mediators for disputes over highly-engineered equipment, I found that we were always better off prioritizing mediation expertise over specific domain expertise. So, while I would not have recommended a family law mediator for one of our disputes, I was always fine with a commercial mediator, even if they knew nothing about oil and gas installations.”
 
So, Mike will appoint a skilled commercial mediator and not the person whose expertise is on the technical side of the sector. In the same way – the 60+ mother of three from High Rise Flats who has rolled up her sleeves + sorted out warring families would be a good mediator for the Leafy Suburbs because she knows about family dispute resolution.
 
Second from Shelley-Anne Salisbury – an active mediator at https://www.themediationpod.net/
 Good morning Graham. This is an excellent question. I have just signed up as a volunteer for community mediation in a depressed London postcode and the thought has obviously crossed my mind – does my leafy suburban life give me any perspective on the council estate life and its conflicts? At first glance, it would seem we are worlds apart. But a good mediator should be able to look listen and learn deploying all their honed mediation skills – shouldn’t they? I’ll let you know …. 
Really enjoying your daily offerings. Particularly on mediation.”
 
So 2-0 to the skilled mediator.
 
We will move on tomorrow but an interesting controversy. Thank you all for your comments.
Graham
 

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