The International Institute for Conflict Prevention & Resolution (CPR) has a long history of helping people consider more thoughtful and collaborative ways of preventing and resolving disputes. One of their vehicles for doing so is a series of pledges. |
Article |
The Power of the CPR Pledge |
Journal | Corporate Mediation Journal, Issue 2 2018 |
Keywords | collaboration, dispute resolution, pledge, prevention |
Authors | Noah J. Hanft |
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Article |
What Is a Good Mediator? |
Journal | Corporate Mediation Journal, Issue 2 2018 |
Keywords | certification, mediation, mediator, MMMM-rule |
Authors | Thierry Garby |
AbstractAuthor's information |
When the time comes to select a mediator, the judge, the lawyers, the parties or the mediation centre will want to find a good one. This raises two questions: what is a good mediator and how to find one? |
Article |
A Definition of Mediation? |
Journal | Corporate Mediation Journal, Issue 2 2018 |
Authors | Martin Brink |
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Article |
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Journal | Corporate Mediation Journal, Issue 1 2018 |
Keywords | administrative instruments, business administration, corporate culture, corporate governance, long-term value creation |
Authors | Prof. Dr. Hans Strikwerda |
AbstractAuthor's information |
The Dutch Corporate Governance Code-2016 stipulates that the executive board is responsible for creating a culture serving long-term value creation. Because the DCGC is law for public firms with this stipulation, the concept of culture is moved from the realm of informal administrative instruments to that of formal instruments, subject to dispute in case the duty of care is questioned. This article explains the provenance of the concept of culture, its multiplicity of attributed meanings and roles, and its changing nature in the digital era. Also, the article explains that for long-term value creation, more and different measures are needed than culture, values, vision, strategy or codes of conducts. This raises the question of whether an executive board having publicly committed the firm to long-term value creation demonstrates a credible commitment by complying with the DCGC, respectively culture as a means only, and can exculpate itself doing so. The answer is: no. |
Article |
The Negotiation Element in MediationThe Art of Consessions |
Journal | Corporate Mediation Journal, Issue 1 2018 |
Authors | Martin Brink |
Author's information |
Article |
European Perspectives on Enforcement of Med-Arb Clauses and Med-Arb Awards |
Journal | Corporate Mediation Journal, Issue 1 2018 |
Keywords | Mediation, Arbitration, Hybrid Dispute Resolution, Due process, Europe |
Authors | Prof. Dr. Bas van Zelst |
AbstractAuthor's information |
In Europe, mediation has historically taken a facilitative approach. It is therefore no surprise that Med-Arb – a hybrid dispute resolution mechanism combining elements of mediation and arbitration – is not high on the agenda of European politicians, academics and practitioners. |