The purpose of this article is to share some practical reflections on cross-border mediation and its application to Private Competition Disputes in Europe, at this time of crisis. The outbreak of the COVID-19 pandemic has led to a rethinking of methods of dispute resolution, everywhere. In Europe, whether before the European Union courts in Luxembourg or the civil and commercial courts in the Member States, judicial procedures are at a standstill at the time of writing (mid-2020). Once the courts get going again, it will probably take years to get the judicial system back in good working order. It may be necessary to take shortcuts to get the system back in shape, such as cancellation of hearings, recourse to summary forms of justice, etc. That is not what the parties bargained for at the outset of their judicial procedure. |
Search result: 41 articles
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Article |
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Journal | Corporate Mediation Journal, Issue 1 2020 |
Keywords | cross-border mediation, crises, Covid-19 |
Authors | Pierre Kirch |
AbstractAuthor's information |
Editorial |
Opening Up New Frontiers for Mediation |
Journal | Corporate Mediation Journal, Issue 1 2020 |
Authors | Anna Doyle |
Article |
Dispute-wise in the Supply Chain? |
Journal | Corporate Mediation Journal, Issue 1 2020 |
Keywords | Supply chain, Recommendations, Disputes |
Authors | Martin Brink |
AbstractAuthor's information |
In this article, some recommendations are mentioned how to be dispute-wise when confronted with (potential) conflict in a supply chain. Relationships in a supply chain may encounter strain – if not real conflict - at certain points in time. The following recommendations can be very effective and helpful when practised consequently when things become complicated in the supply chain. |
Article |
Aviators Grounded by COVID-19 (But Mediators Are Ready to Fly) |
Journal | Corporate Mediation Journal, Issue 1 2020 |
Keywords | Fledgling mediators, Master Mediators, Ken Cloke, John Sturrock, Mediator’s Flight Plan |
Authors | Anna Doyle |
AbstractAuthor's information |
Fledgling mediators are nourished by the wisdom of Master Mediators, until they find their wings and take to the sky. This is a personal perspective, inspired by the author’s attendance at a Master Class given by Ken Cloke in Edinburgh in 2008 (organised by John Sturrock of Core). It echoes precious wisdom, skilfully imparted and gratefully received. The Mediator’s Flight Plan has happily kept the author’s feet ‘off the ground’ for the past 12 years and has inspired her to fly. She shares it now in the hope that it may also inspire other mediators to dare to soar. |
Article |
Social Impact Assessment and Mediation |
Journal | Corporate Mediation Journal, Issue 1 2020 |
Keywords | Social impact, Business to Community mediation |
Authors | Eelco De Groot |
AbstractAuthor's information |
A Social Impact Assessment is often a formal requirement to determine and prevent social risks at greenfield development of complex infrastructural projects. This article discusses the background and building blocks with the different tiers of Business to Community mediation; a neutral, facilitated, dialogue and information sharing, negotiation, joint fact-finding and formal mediation. |
Editorial |
Mediation in a Multistep Process |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Authors | Bas van Zelst |
Article |
Why Do People Fight First and Then Settle? A reactionReflective Practice: Another Way of Seeing Things |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Authors | Anna Walsh Doyle |
Author's information |
Article |
Mediation Stories |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Authors | Louis B. Buchman |
Author's information |
Article |
Psychology of ConflictWhy Do People Fight First and Then Settle? |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Keywords | conflict, mediation, psychology |
Authors | Martin Brink |
AbstractAuthor's information |
In many cases much harm and sorrow is caused first before people sit down and settle. Why not settle without fighting first? |
Article |
The Singapore Convention |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Authors | Laurence Katz |
Author's information |
Article |
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Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Keywords | modern mediation, principled negotiations, competition law |
Authors | Pierre Kirch |
AbstractAuthor's information |
To analyse the advantages of mediation as a means of resolution of private competition disputes, it is helpful to look backwards to the underlying principles upon which modern mediation has been built. The principles that now guide leading mediation institutions in Europe are still based on the foundation that was laid by the methods of principles negotiations, written down in Getting to Yes: Negotiating Agreement without Giving In, by Fisher and Ury. |
Article |
Notes from the United States on Diversity in ADR (Opinion) |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Keywords | mediation, dispute resolution, diversity, United States |
Authors | Judith Meyer |
AbstractAuthor's information |
Often being ‘the only woman in the room’, in this opinion Judith Meyer describes her concern about the underrepresentation of women, persons with disabilities, diverse neutrals and other minorities as professionals in alternative dispute resolution. |
Article |
The enforcement of mediation agreements and settlement agreements resulting from mediation |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Keywords | mediation, conciliation, mediation agreement, settlement agreement, Singapore Convention |
Authors | Niek Peters |
AbstractAuthor's information |
Abstract: In this publication the author discusses first whether mediation agreements qualify as irrevocable agreements or whether the parties are free to disregard a mediation agreement when a dispute arises. Secondly, the author discusses whether, and if yes under what conditions, settlement agreements resulting from mediation can be enforced. In this respect, the Singapore Convention on International Settlement Agreements resulting from Mediation is also addressed. |
Article |
The Power of the CPR Pledge |
Journal | Corporate Mediation Journal, Issue 2 2018 |
Keywords | collaboration, dispute resolution, pledge, prevention |
Authors | Noah J. Hanft |
AbstractAuthor's information |
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. |
Editorial |
From the Editor |
Journal | Corporate Mediation Journal, Issue 2 2018 |
Authors | Martin Brink |
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 |
Author's information |
Editorial |
From the Editor |
Journal | Corporate Mediation Journal, Issue 1 2018 |
Authors | Martin Brink |
News |
Mediation In England and WalesCEDR, Eighth Mediation Audit |
Journal | Corporate Mediation Journal, Issue 1 2018 |
Authors | |