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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).
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.
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.

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).
Article

The Corporate Mediator – Supporting People, Fights, Flights and Flows

Journal Corporate Mediation Journal, Issue 1 2017
Keywords conflict resolution, ethics, EUROCONTROL, international public service, social dialogue
Authors Anna Doyle
AbstractAuthor's information

    Responding to Martin Brinks’ inaugural CMJ article (that asked if corporate mediation was a prospect for the legal department and for organisations as a whole) Anna Doyle responded with a resounding affirmative. A professional career that has spanned over four decades took her on a route through national and international public services, working in areas as diverse as promoting legislation for social justice to supporting the safety of air navigation. Her first-hand experience of the challenge of responding to the ups and downs of daily working life in a multi-cultural setting has opened up new frontiers in awareness of the value of conflict resolution. Her work at EUROCONTROL has pioneered the role of corporate mediator and has embedded mediation and ethics in organisational life in a way that aims to bring added value and promote shared insight.


Anna Doyle
Anna Doyle is Mediator & Ethics Officer at EUROCONTROL, the European Organisation for the Safety of Air Navigation based in Brussels. She specialises in mediation, ethics, conflict resolution, human resources management, social dialogue and negotiation. She is a Practitioner Member of the Mediators’ Institute of Ireland and a Certified Mediator with the International Mediation Institute.
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