by Graham Perry | Apr 10, 2021 | Mediation, Thought For The Day
COMMENT FOR THE DAY #53 MEDIATION Party A makes an offer in a mediation. Party B thinks the offer is “derisory” + an “insult”. Party B threatens to walk out of the mediation + inform the court that Party A did not engage in the mediation “in good faith” (i.e. in...
by Graham Perry | Feb 21, 2021 | Arbitration, Thought For The Day
An interesting contradiction exists between the exercise of discretion on the one hand AND the need for Tribunal consistency on the other hand. Discretion means you are free to make up your own mind. There are constraints. You need to be fair + reasonable + objective...
by Graham Perry | Feb 20, 2021 | Arbitration, Mediation, Thought For The Day
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...
by Graham Perry | Feb 19, 2021 | Arbitration, Thought For The Day
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...
by Graham Perry | Feb 16, 2021 | Mediation
A marriage has broken up. There are three children aged – 7, 4 and four months. There are assets but not large. The husband is a self-employed accountant with average means. The wife took in part-time work until the birth of the baby. You have accepted the appointment...
Recent Comments