THE DEVELOPER MEETS THE RESIDENTS – EPISODE 5

Written by Graham Perry

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

16 March 2022

MEDIATION #212

The Developer’s Meeting with the Residents is high risk. It could end in acrimony but it could also be a big step forward. You are not a gambler by nature but your instinct tells you it can end in cheers, not tears. One worry is that the Developer may see Red when he recognises Grumpy (an old foe) among the Residents. You mention this in advance to the Developer + hope he will take it onboard + avoid a confrontation. Again, your instinct is at work based on your thorough analysis of the ebb + flow of the Mediation.

In the event, things go well. The Developer is tactical, shrewd + correctly anticipate what is in the minds of the Residents. He knows about Lorry times + the number of Lorry journeys + the danger of children running into the road. But the Developer backs his reassurances with a surprise announcement. He is going to become a Resident. He has purchased a house on the road. He will move in with his wife and single daughter and her 5-year-old son. He is now both a Developer + a Resident.

This initiative takes the wind out of the sails of the minority of opposed Residents – especially Grumpy. They go quiet. The mood changes. The Developer is becoming “One Of Us” + will be as concerned as the Residents are by safety, security and the number of lorry journeys. You persuade the Developer to undertake to live on the road with his family for at least ten years.

On the question of fees, you have agreed on a one-off figure. It seemed fair at the time but the hours you are putting into the Mediation are mounting. Clearly, you have made a mistake when setting the terms of your mediation agreement with the Town’s Chief Clerk (CEO). You also have cash flow worries. Can you re-open the issue?

EPISODE 6 18 MARCH 2022

NOT QUITE THERE YET.

Episode

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