1. International Alternative Dispute resolution
Bart Neervoort

2. Traditional legal system
-adversarial
-costly
-time consuming
-unpredictable

3. -rigid
-over-professionalised
-damaging to relationships
-limited to narrow rights-based remedies
-not creative problem solving

4. 1)Binding decision from third party
ADR
1)Binding decision from third party
-arbitration
-expert determination
-ombudsman

5. -med/arb
-baseball arbitration
-bounded arbitration
-dispute resolution board

6. 2) Non binding third party involvement
-mediation (conciliation)
-executive tribunal
-neutral fact finder
-early neutral evaluation

7. Mediation
Voluntary, non-binding, private dispute resolution process, in which a neutral person helps the parties to reach a negotiated settlement

8. Interest based negotiation
Harvard method
Interest based negotiation

11. USA Iran hostage crisis
History
USA Iran hostage crisis
Family mediation
(Big!) business

12. Katrina 44.000 claims mediated Bankruptcy Lehmann Bros.
Insurance industry
Katrina claims mediated
Fortune 500
CPR mediation pledge
Bankruptcy Lehmann Bros.

13. EU directive -cross border mediation
-voluntary codes of conduct and quality control

14. -judges may invite parties to attempt mediation
-enforcement of agreements
-confidentiality
-suspension of time-bar

15. Implementation into law of member states
-in some member states mediation mandatory
-in some mediation attempt mandatory
-overall increase expected

16. How to find an international mediator
-national certification bodies
-IMI, The Hague
-CPR

17. How to act during a mediation

19. -take off your armour

20. -investigate interests

21. -show interest

22. be honest about what went wrong (saying sorry costs nothing)
do not try to defend your pre-mediation attitude

23. be open with the mediator in discussing the alternative to settlement
(he/she is everybody`s ally)

24. What the mediator does -separate the people from the problem
-remove communication obstacles
-manage or re-adjust expectations

25. -make an inventory of solutions
-provide homework
-commute between parties

27. happier ha they would be otherwise
make parties happy
or at least
happier ha they would be otherwise