OFFERS TO SETTLE AND COSTS

A Bitter Past

Written by Graham Perry

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

17 April 2021

COMMENT OF THE DAY #59 – EPISODE 4

MEDIATION

“A Bitter Past Gets In The Way Of A Constructive Future”

Husband + Wife disputes have the most tension, confrontation + anger. They fight in the present about the past split and it affects the future. H offers a little because he blames her. W looks at the children + wonders how she will cope.

The Mediator has to go to work. His challenge is to move from Positions to Interests. Positions = Anger. Interests = Solutions.

Does H want his children to hate him down the years? Will, he ever see his grandchildren? Does W want H as a long term enemy? Will money always be a tug of war. Bitterness is corrosive.

Easy to read in print but the good mediator has to find the right words + the right atmosphere to get both parties to think about jaw-jaw instead of war-war. A good mediator is so important. His/her skills can make or break a settlement

Are you up to it? Do you have the depth of experience and the instinct for a solution to bring about a mediation settlement? Think about your skills, your strengths (and your weaknesses). So much is riding on you. Dig Deep.

Episode

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