ADR Agreements

ADR, ADR Agreements, ADR Clauses, Combined Clauses, Commercial Mediation, Conflict, Dispute Resolution Clause, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, International Mediation, Legal Issues, Med-Arb Clauses, Pre-arbitration Dispute Settlement Procedures, Uncategorized

(Lansky, Ganzger, Goeth, Frankl & Partner Rechtsanwälte GmbH) and (ICC YAAF)/ /Leave a comment

by Dr. Michael Komuczky, attorney at law at Lansky, Ganzger, Goeth, Frankl + Partner (Vienna, Austria), and Sima Ghaffari, ICC YAF Representative and associate at Ferdowsi Legal (Tehran, Iran) There has been a significant increase in the debate on multi-tiered or hybrid dispute resolution clauses, as can be seen in this Blog or the Kluwer…

ADR Agreements, Commercial Mediation, Conciliation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Mediation and Society, Mediation Institutions and Rules, mediation models, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), National Mediation Laws, Uncategorized

(Bruce Greig, Civil and Commercial Mediator)/ /Leave a comment

Less than you might think, according to Sir Geoffrey Vos, the newly-appointed Master of the Rolls. The Master of the Rolls is responsible for the administration of civil justice in England & Wales. Sir Geoffrey was sworn in to this post in January 2021. He has spoken several times since then about his vision for…

ADR, ADR Agreements, Arbitration, Art, Commercial Mediation, cross-border mediation, Employment, Family Mediation, Language, United States

(FORARB/Charles University)/ /12 Comments

James Bond enters a casino where a beautiful girl is sitting at the bar. He approaches her, buys her a drink and makes his obligatory introduction: “Bond, James Bond…” After brief chatting, she asks him about his profession. Then, the usually reckless hero comes up with a cover story: “I am a mediator… Traveling to…

ADR, ADR Agreements, Arbitration, Conflict, Creativity, Football, Negotiation, Sport

(FORARB/Charles University)/ /Leave a comment

Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about. And then, arbitrator proposed a mediation window and asked the football coach: “OK, then… What do you really need? Surely not the small amount of money you are claiming?” After a moment of hesitation, claimant…

ADR, ADR Agreements, ADR Clauses, Confidentiality, Confidentiality and Transparency, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Practice, Mediation Users/Clients, Regulation, user perspectives

(Singapore International Dispute Resolution Academy)/ /2 Comments

Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In this post, I’d like to revisit the topic and take the idea a little further. Before I start, let me say thank you to…

ADR, ADR Agreements, ADR Clauses, Communication, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Act, Mediation Contract Clause, Mediation Reforms (Legislation, etc.), Online Dispute Resolution (ODR), UN and International Organizations, UNCITRAL, UNCITRAL Model Law, Understanding mediation

(Young Mediators’ Group)/ /Leave a comment
Young Mediators Initiative (YMI)

On 15 February 2016, the European platform for solving disputes arising out of online purchases (https://webgate.ec.europa.eu/odr)the ODR Platform, based on EU Regulation 524/2013 (the Regulation) was officially launched. The platform enables EU consumers and traders to settle their disputes by putting them in touch with the ADR providers selected by Member States. This platform is…

Accreditation, ADR, ADR Agreements, Appointment of Mediators, Commercial Mediation, Conciliation, Confidentiality, cross-border mediation, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, UN and International Organizations, UNCITRAL, UNCITRAL Model Law

(Bill Marsh Mediator)/ /8 Comments

Cogniscenti (and readers of Ema Vidak-Gojkovic’s blog The UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements – An Idea Whose Time Has Come?) will know that talks are ongoing in an attempt to see if it is possible to find a common system for the direct enforceability of agreements concluded in mediation. This is a…

ADR Agreements, Arbitration, Commercial Mediation, Conciliation, Settlement Agreements, UNCITRAL, UNCITRAL Model Law

(Baker & McKenzie)/ /Leave a comment

“Nothing is more powerful than an idea whose time has come.” (V. Hugo) Slightly over a year ago, the United Nations Commission on International Trade Law (UNCITRAL) started working on an instrument to address enforcement of conciliated settlement agreements. Conceived as a mediation equivalent of the 1958 New York Convention, the proposed instrument would put…

ADR Agreements, Confidentiality, Enforcement, Med-Arb Clauses, Mediation Agreement, Mediation Outcomes, Set Aside a Mediated Agreement, Settlement Agreements, UNCITRAL Model Law

(Weiler ADR Inc.)/ /Leave a comment

Earlier this month the Supreme Court of Canada issued its unanimous decision in Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35. The reasons of Mr. Justice Wagner deal with an unfortunate situation in which Bombardier, which had been suing Union Carbide for more than a decade seeking CAN$30 million  related to allegedly defective…

ADR, ADR Agreements, ADR Clauses, Conventional wisdom, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Technology

(AIG Legal Operations Center)/ /Leave a comment

This fall, I taught a course on “Managing Litigation for Corporations” at the Straus Institute. The following post is a summary of some insights that came out of the experience. I felt that this was important to share with you, as it evidences attitudes of those about to enter the field and the challenges in…