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Published byAdele Wiggins Modified over 9 years ago
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International Alternative Dispute resolution Bart Neervoort
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Traditional legal system -adversarial -costly -time consuming -unpredictable
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-rigid -over-professionalised -damaging to relationships -limited to narrow rights-based remedies -not creative problem solving
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ADR 1)Binding decision from third party -arbitration -expert determination -ombudsman
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-med/arb -baseball arbitration -bounded arbitration -dispute resolution board
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2) Non binding third party involvement -mediation (conciliation) -executive tribunal -neutral fact finder -early neutral evaluation
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Mediation Voluntary, non-binding, private dispute resolution process, in which a neutral person helps the parties to reach a negotiated settlement
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Harvard method Interest based negotiation
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History USA Iran hostage crisis Family mediation (Big!) business
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Insurance industry Katrina 44.000 claims mediated Fortune 500 CPR mediation pledge Bankruptcy Lehmann Bros.
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EU directive -cross border mediation -voluntary codes of conduct and quality control
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-judges may invite parties to attempt mediation -enforcement of agreements -confidentiality -suspension of time-bar
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Implementation into law of member states - in some member states mediation mandatory -in some mediation attempt mandatory -overall increase expected
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How to find an international mediator -national certification bodies -IMI, The Hague -CPR
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How to act during a mediation
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-take off your armour
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-investigate interests
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-show interest
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be honest about what went wrong (saying sorry costs nothing) do not try to defend your pre-mediation attitude
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be open with the mediator in discussing the alternative to settlement (he/she is everybody`s ally)
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What the mediator does -separate the people from the problem -remove communication obstacles -manage or re-adjust expectations
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-make an inventory of solutions -provide homework -commute between parties
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make parties happy or at least happier ha they would be otherwise
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