ADR

Co-Mediation In A Cross-Border Context

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Trade between different states is taking place on a greater scale than ever before. Small and large companies are doing business across borders every day, all around the globe and many companies are established abroad. However, this is by no means new information.

Disputes arising from international business dealings can be complicated and expensive, especially if the parties come from different countries and continents. Moreover, existing business relationships can often break down while in conflict. There are of course courts and arbitrators to resolve cross-border disputes, but this is not only a very expensive and potentially destructive way of finding a solution, it is also often very time-consuming. But, this is also not news to you.

So, what can we do in order to effectively manage a cross-border dispute?

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Posted by Gert Nilsson in ADR, Introductory Guide, Opinion

The Global Pound Conference London – The End Of The Beginning

On October 29, 2014, 150 of us, representing many stakeholder groups from more than 20 countries, attended an important convention held in London’s beautiful Guildhall. Called ‘Shaping the Future of International Dispute Resolution’ the convention was inspired by the energetic and far-sighted Michael Leathes and was organised by the International Mediation Institute (IMI), which he pioneered and several other bodies. Read more

Posted by Rosemary Howell in Access To Justice, ADR, Introductory Guide, LOC Coverage, Mediation

Global Citizenship…Global Pound…Mediation And Mediation Competitions

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This year I have been privileged to attend three wonderful international commercial mediation competitions, in which students from around the world come together with mediators and other professionals to practice negotiation in mediation and mediation itself, and to talk about best mediation practice. These are the International Chamber of Commerce International Commercial Mediation Competition in Paris, Lex Infinitum in Goa, and the Consensual Dispute Resolution Competition in Vienna. I have taken on different roles at these events, from coaching a team, to mediating with students, to judging students’ performances and giving feedback.

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Posted by Greg Bond in Access To Justice, ADR, Education, Mediation, Negotiation

The Paris ODR Conference – When Law Meets Tech

peter-kleinau-99994.jpgThe 17th annual ODR Conference, which took place in Paris last month, was not your average law event. Entitled Equal Access to Information and Justice Online Dispute Resolution, the conference spanned across two days filled with intense discussions, ideas, exciting projects and most importantly – excellent food. Especially unique, was the combination of tech experts and lawyers from all over the world, and of course those who fit into both categories.

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Posted by Natasha Mellersh in Access To Justice, ADR, Dispute Management, Education, ODR, Technology

Ask An Expert: Bill Marsh

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Bill Marsh, one of the top ranked independent mediators worldwide, discusses the growth of mediation, the future of the industry and streamlining cross-border dispute resolution processes.

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Posted by Natasha Mellersh in ADR, Ask An Expert, Dispute Management, Mediation

The London GPC – Time For Change

marlon-maya-44935.jpgLast week’s London event marked the grand finale of the GPC Series, which has taken place on six continents and 29 cities since April 2016, collecting groundbreaking data on the behaviour and perceptions of stakeholders in dispute resolution across the globe. Taking place in the historical Guildhall building, built upon centuries of ‘dispute resolution’ above the Roman amphitheatre – where conflict was perhaps resolved in a more brutal way than today.

The event began with an introduction by online dispute resolution advocate Lord Justice Briggs, who has consistently pushed for technological reforms in the courts of England and Wales, especially in regards to resolving disputes. In addition Dr Andrew Parmley, Lord Mayor of London (Mayor of the City of London), gave a moving speech on London’s rich multicultural history – stating that London will remain a global city and an international hub for the legal community undeterred by Brexit.

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Posted by Natasha Mellersh in Access To Justice, ADR, Arbitration, Dispute Management, Education, LOC Coverage, Mediation, Negotiation, Technology

Facilitating Settlement – The Changing Role Of The Arbitrator

pablo-garcia-saldana-94058One of the most valuable aspects of the GPC is the rich amount of data it accumulates. A recently published article in the Fordham International Law Journal analyses the data of the 2016 GPCs in terms of the parties’ interest in collaborative dispute resolution methods within adversarial proceedings. Klaus Peter Berger and J. Ole Jensen suggest the facilitation of settlement between the parties within arbitral proceedings as an important means of maintaining and increasing the attractiveness of international arbitration.

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Posted by GPC Series in ADR, Arbitration

Lawyers As Mediators In Brazil – To Be Or Not To Be?

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Brazil has come a long way until it finally managed to get its first mediation law into force. The year of 2004 saw the beginnings of judicial reform, in 2010 the Ordinance No. 125 created the national judicial policy for handling conflicts of interest, seeking to ensure everyone the right to resolve disputes by suitable means. The legislation made it quite clear that it was also the responsibility of the judicial branch – not only via a resolution awarded by judicial decision – to afford other mechanisms for the resolution of conflicts.

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Posted by Andrea Maia in ADR, Mediation

Ask An Expert: Luciana Breggia

Judge Luciana Breggia, President of the Second Section of the Tribunal of Florence,  speaks about the development of mediation in Italy and the crucial role education can play in forging a more effective dispute resolution culture. Continue reading →

Posted by Natasha Mellersh in Access To Justice, ADR, Ask An Expert

GPC Hong Kong – A Mandate For Change

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The Global Pound Conference event in Hong Kong saw over 200 delegates assemble to identify trends and cultural preferences in commercial dispute resolution. Hong Kong’s Secretary for Justice, Chief Justice and Solicitor General headlined the conference, underlining the government and judiciary’s high engagement with the initiative.

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Posted by Anita Phillips in ADR, Data Analysis, LOC Coverage, Mediation

CDRC Vienna – A Year On

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One year has already passed since my journey at the IBA-VIAC Consensual Dispute Resolution Competition (CDRC), held in Vienna. It was a year of exciting opportunities, hard choices and fulfillments, some of which – heavily influenced and marked by my CDRC experience.

Twelve months after this occasion ou jamais, in my hometown of Pleven, Bulgaria and with the merriest of memories, I am assembling different pieces from former articles in a single composition of suggestions and tips for all those lucky devils out there who have yet to experience the magic of CDRC. Enjoy!

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Posted by Georgi Todorov Elenkov in ADR, Conciliation, Education, Negotiation