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Article

Access_open Recourse to Mediation in Times of Crisis

Is Business Ripe for a New Approach That Saves Time and Preserves Relationships, Also in the Field of Competition Law?

Journal Corporate Mediation Journal, Issue 1 2020
Keywords cross-border mediation, crises, Covid-19
Authors Pierre Kirch
AbstractAuthor's information

    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.


Pierre Kirch
Avocat à la Cour (Paris & Brussels Bars), Partner, Paul Hastings (Europe) LLP, mediator certified by the Centre de Médiation et d’Arbitrage de Paris (CMAP, Paris) and the Center for Effective Dispute Resolution (CEDR, London).

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.


Martin Brink
Martin Brink (Van Benthem & Keulen BV, advocaten en notariaat at Utrecht, The Netherlands), is Editor in Chief of this Journal.
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.


Anna Doyle
Anna (Walsh) Doyle is an International Mediator & CMJ Editorial Board member. She is also an external Mediator on the Global Mediation Panel at the Office of the Ombudsman for UN Funds and Programmes (independent contractor serving on an on-call basis).
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.


Eelco De Groot
Eelco de Groot is an advisor at Social License and senior lecturer Social Risk Management at the TU Delft.

Bas van Zelst
Article

Why Do People Fight First and Then Settle? A reaction

Reflective Practice: Another Way of Seeing Things

Journal Corporate Mediation Journal, Issue 1-2 2019
Authors Anna Walsh Doyle
Author's information

Anna Walsh Doyle
Independent Mediator.

Louis B. Buchman
Louis B. Buchman is an attorney at law, admitted to the Bar in Paris and in New York, arbitrator and mediator at Paris, France.
Article

Psychology of Conflict

Why 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?


Martin Brink
Martin Brink is Editor in Chief of this Corporate Mediation Journal

Laurence Katz
Partner at gunnercooke llp in London, United Kingdom.

Claire Mulder LL.M
LL.M, business mediator, location Geneva, Switzerland.
Article

Access_open Rereading Fisher & Ury

Identifying the Advantages of Mediation in the Specific Setting of a Competition Law Dispute

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.


Pierre Kirch
Avocat à la Cour (Paris & Brussels Bars), Partner, Paul Hastings (Europe) LLP, mediator certified by the Centre de Médiation et d’Arbitrage de Paris (CMAP, Paris) and the Center for Effective Dispute Resolution (CEDR, London).
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.


Judith Meyer
Judith Meyer is mediator and arbitrator in Haverford, Pennsylvania and an adjunct professor of negotiation and mediation at Cornell Law School.
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.


Niek Peters
Niek Peters is partner of Simmons & Simmons, LLP, and professor of international commercial arbitration at the University of Groningen.
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.


Noah J. Hanft
Noah J. Hanft is the President and CEO of The International Institute for Conflict Prevention & Resolution.
Editorial

From the Editor

Journal Corporate Mediation Journal, Issue 2 2018
Authors Martin Brink

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?
    The answer to the first question seems rather simple: a good mediator is one that the parties are happy with. This raises another set of questions: if the parties were happy with a mediator in one case, would they be happy with the same person in another case? Would other parties be happy with this mediator as well? If the answers are not a yes without reservation to both of those questions, then the question becomes: who would be a good mediator for this case between these parties?


Thierry Garby
Thierry Garby is a well-known and experienced mediator with most international mediation centres, particularly with the International Chamber of Commerce (ICC), the World Bank Group and the United Nations.

Martin Brink
Martin Brink, PhD, is attorney at law, arbitrator and deputy judge at the The Hague Court of Appeals and an internationally certified mediator (MfN, IMI, CEDR Global Panel).
Editorial

From the Editor

Journal Corporate Mediation Journal, Issue 1 2018
Authors Martin Brink

Martin Brink
News

Mediation In England and Wales

CEDR, Eighth Mediation Audit

Journal Corporate Mediation Journal, Issue 1 2018
Authors


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