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...
BIAS IN OPERATION DO YOU ACT OR DO YOU GO MUTE?

BIAS IN OPERATION DO YOU ACT OR DO YOU GO MUTE?

Bias in arbitration comes in many guises – sometimes it is apparent and sometimes it is unconscious and when it comes what do you, as Chair of the Tribunal does? Actually, it is a big question and, if you leave it because it makes you feel “awkward”, you are not doing...
PRACTICE  PROBLEMS

PRACTICE PROBLEMS

ARBITRATION You are chairing an arbitration tribunal of three arbitrators. You become aware that the two winger arbitrators – both party-appointed – have a bad history. They have allowed their past tensions to enter into the conduct of the current dispute. It is...