…are to be stayed in order to afford the mediation the maximum chance of success – although if the mediation fails, the arbitrator-mediator is required to disclose to all parties…
…consequences. McIlwrath repeatedly advocates mediation, and bates arbitration counsel with his call for “anti-arbitration.” I gather GE practices what it preaches and there are indeed many disputes that can be…
…the HKMA and the Hong Kong Mediation Council to deal with Lehmans’ mini-bonds claims, it is anticipated that the vast majority of cases will be settled at the mediation stage….
…is also stated in the rules (Article 6(2)), that if it is in the “highest interests” of the home State, it should commence a mediation between its investor and the…
…Just to give one good example, we were surprised that your presentation was focused entirely on arbitration and did not mention mediation at all. We in-house folks sometimes have the…
…taken disputes to mediation after receiving a referral from other signatories). Moreover, the pledge is also a good marketing tool for mediation. The message it conveys is, “mediation must be…
…settle the matters in dispute – including helping the parties to choose the most appropriate time at which mediation may be attempted. Considerations of management time and personal anguish aside,…
…– is the requirement that, following a failed mediation, an arbitrator disclose to all parties as much confidential information he obtained during the mediation proceedings as he considers ‘material to…
The Greek Parliament recently voted on a new piece of legislation that enables the parties to a dispute to submit to mediation at any stage of the dispute and in…
…show that the uptake of mediation services as ancillary tools to arbitration is still relatively sparse. While use of mediation may be growing, it is at best just a fraction…
…through this new on-line mediation/arbitration system, and all settled early in the mediation stage, so we have yet to test the quality of the on-line arbitration. But we are not…
…referred to mediation and number of cases settled before an award was issued. Institutions should be mindful that parties want resolution. For example, if an institution reported that it successfully…
…co-author. In the meantime, don’t forget to pick up some extra copies of, International Arbitration and Mediation: A Practical Guide. Being truly practical (the word in the title), the book…
…and Mediation: A Practical Guide. It is not a salacious rant against arbitration, although it does include some amusing anecdotes. There is a common theme among the activities of the…
…of Canada’s 2008 annual conference and published in Canadian Arbitration and Mediation Journal]. Indeed, a major problem can arise for international arbitration in a given jurisdiction if the judicial partner…
…9-10 June at the Congress Center of the Russian Chamber of Commerce and Industry. The conference was jointly organized by the Center of Arbitration and Mediation at the Russian Chamber…
…process has borrowed a little from both structured negotiations and mediation. But leaving aside labels, it does have the somewhat unique feature of a report being produced for the consideration…
…cope at all. Finally, let us not forget mediation. In the final part of this series I would like to advance the case for both ad-hoc and institutional mediation to…
…might mean (1) embracing mediation; (2) avoiding U.S. arbitrators; (3) avoiding U.S. counsel; (4) building in pre-dispute discovery limits into the contract; (5) vesting the arbitrators with greater discretion to…
…be referred to a mediator to be appointed by the Geneva Chamber of Commerce and Industry. If such mediation does not result in a written settlement of the dispute within…
In its first newsletter of the year 2010, the Swiss Chambers’ Court of Arbitration and Mediation was able to announce a high increase in arbitration cases submitted to the Court…
…commencing a mediation procedure when a dispute is already at court, entering into the mediation agreement, establishing procedural guarantees of confidentiality of the mediation procedure and concluding mediated settlement agreements…
…(as well as any mediation facilities). The exception is when one party, for whatever reason, must cancel or reschedule the mediation. In such events, the cancelling party is responsible for…
…two peculiarities of Chinese arbitration predominate discussions – (1) the integration of mediation in the arbitration process and (2) the rules which govern the selection of the arbitral tribunal –…
