THE OVER-ACTIVE PARTY LAWYER – EPISODE #3

THE ASSERTIVE LAWYER

Written by Graham Perry

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

25 May 2021

COMMENT FOR THE DAY  #93
MEDIATION

The claimant’s lawyer is over-prominent. He is presenting problems, not solutions.

Two matters in your favour. First, the parties earlier good commercial relationship. Second, if there is to be a solution, then there is detail (part-payments, start of possible interest, technical detail regarding the product that should have been supplied by respondent) that needs to be addressed.

Your mind is working. You see a possible way forward. Divide + Rule. Here is the plan – you meet with the parties only + focus, slowly, on the previous positive side of the relationship – How did they meet? How did the relationship develop? The volume of t/o etc. You are trying to create momentum by recalling the positives. At the same time, the lawyers can be persuaded to save time + prepare a schedule of detailed repayments/interest/technical detail.

If this division works you may get progress but can you sell it?

0 Comments

Trackbacks/Pingbacks

  1. THE CLAIMANT'S OVER-ACTIVE LAWYER - Graham Perry On Dispute Resolution - […] THE OVER-ACTIVE PARTY LAWYER – EPISODE #3 […]

Submit a Comment

Your email address will not be published. Required fields are marked *

You May Also Like…

WORDS MATTER – EPISODE 2

WORDS MATTER – EPISODE 2

HUSBAND + WIFE MEDIATION #117 You are taking stock. You have had separate first meetings with H+W. You have an...

WORDS MATTER

WORDS MATTER

MEDIATION #116 Good Morning from London. Today, Day 1 of a 3 Day look at words that help + hinder a mediation. Less of...

WINGERS AT WAR – EPISODE 4

WINGERS AT WAR – EPISODE 4

MEDIATION #115 The State of Play. To your surprise, the Wingers are at War. This is not a superficial difference of...