THE ASSERTIVE LAWYER

ASSERTIVE LAWYER

Written by Graham Perry

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

24 May 2021

COMMENT FOR THE DAY #92 EPISODE 2
MEDIATION

You sense you have a problem with the Claimants’ over-active lawyer.
He has too much to say. Is it a one-off or a sign of things to come?
It’s the latter + the problem is getting bigger, not smaller.
Does he have problems back at the office or at home? Or is this just his style of work “I’m in Charge”.

Regardless, you realise that it could derail the mediation. You need an initiative.
A meeting with the parties without lawyers might just work.
But how to get there? How to get accepted without a confrontation with Mr Talkative?

Now you are thinking. This is what mediation is all about. Thinking solutions.
You know not to rush in. You need to work it out. Step-by-step.
You want a Win-Win – approval from the lawyers + then a good caucus with just the parties

But what words work best? How to handle without provoking Mr Talkative. This is where the good mediator shines – makes a difference. What do you think you do next.?

EPISODE 3 – 25 MAY 2021
GOOD WORDS + GOOD STRATEGIES MATTER.

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