We are all dispute resolvers. Some arbitrators/some mediators. The former, rather than the latter, have to produce an award. The latter produces a mediation settlement/agreement which has its own challenges. But in this narrative, I am concentrating on arbitrators + their production of the award + I am focusing on a specific aspect of The Award – not the preamble/introduction or the contract details or the parties’ submissions or even the Hearing narrative – essential and important though each is. No, my spotlight is on the Findings and your Reasons.
So, it is the end of the third day. The Hearing is over. The Tribunal has had a discussion. You are back home. It is a complicated case but the three of you are in agreement – no mavericks, no disagreements, no controversy. But there is much to address and you have gone “brain-dead”. Have you experienced it? Of course, you have. There is a Big Blank.
Maybe it’s mental exhaustion; maybe it’s non-arbitration issues on your mind – whatever. You look at the page + there is nothing. It happens – to writers, composers, singers, thespians, authors, Parliamentarians. It also happens to arbitrators.
There are two choices; start writing – right now, not tomorrow. List the issues + add thoughts in a random + unstructured way. Just get started with a higgledy-piggledy cluster of words, sentences, phrases and arrows pointing in different directions.
Often, the act of writing, even shorthand headings, enables you to cast off the lethargy, create some enthusiasm, trigger some fluency and you can be up + running again. You emerge from your post-hearing stupor + begin to resume control. Often, doing just something is the spur you need.
There is a second choice that I want to consider – quite different in reaction and I will look at this tomorrow. Do Nothing. More on 26 June 2021.