THE CLAIMANT’S OVER-ACTIVE LAWYER

Written by Graham Perry

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

28 May 2021

MEDIATION

You have won the day. You isolated the trouble threatening Claimants Over-Active Lawyer (renamed COAL). You worked your magic on the parties. You created momentum + things fell into place.

It is not always like this. Mediation can be derailed. Success is not guaranteed + when failure threatens think of two things.

First, without seeing it as a personal defeat do appreciate that you are not in exclusive control + calculated intent by a party can thwart the most skilled mediator. Not all disputes settle.

Second, think creatively all the time. Keep your standards up. Maintain your stamina. Give it your all + leave the parties thinking you are there if you are needed.

So no self-deception. Never get personal. Keep your head clear. Review different options. but do not become desperate. Do not prostrate yourself in search of a solution. You have to keep your dignity + self-respect + standards.

It is interesting to reflect on the different skill set for Arbitrators + Mediation. Starting 2 June 2012

Starting tomorrow – A Late application To Enter Documents at an Arbitration Hearing

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