Proposed UNCITRAL Convention on mediated settlements of international commercial disputes - Mediation Committee newsletter article, September 2016
By Andrea Maia, Paul E Mason and Deborah Masucci
UNCITRAL’s Working Group II is charged with analysing the proposal to adopt a Convention for Enforcement of Mediated Settlements. This article considers the benefits and issues in developing the proposal.
Stipulated arbitration: a bridge between two conventions? - Mediation Committee newsletter article, September 2016
By Thomas F Margiotti and Monica Schacker
Considering the UNCITRAL Convention on Enforcement of Conciliated Settlement Agreement, this article offers to fill in some gaps in the enforceability of resolutions to international commercial disputes under current law.
Litigation costs money, destroys value and increases corporate risk - Mediation Committee newsletter, June 2015
What is spent on legal fees and other litigation expenses are profits that will never be delivered to shareholders or reinvested in growing the business. Likewise, accounting reserves that are established and held for long periods of time when there are probable and estimable losses arising from claims and litigation, and which are put into place to reflect the uncertain outcome of litigation, also have a direct impact on a company’s financial performance often for years before a final outcome is known.
Emerging trends in mediation: an Indian perspective - Mediation Committee newsletter article, June 2015
Mediation, as a means to resolve disputes, has always formed an integral part of any legal system in India. Its earliest reference can be seen in religious and ancient legal texts, like Vedas and Dharmshastras, providing for resolution of disputes through the mediation of Panchas or ‘five wise men’ (usually, elders of the village). While this informal mechanism still finds acceptance in the present day, inordinate delays in the adjudication of cases by the courts in India coupled with financial burden.
The rise of consensual dispute resolution: introducing the Consensual Dispute Resolution - Mediation Committee newsletter, June 2015
The alternative dispute resolution (ADR) for the new generation is consensual. Consensual dispute resolution (CDR) has developed as a new trend within the emergence of ADR. CDR covers all forms of party-autonomous methods of dispute resolution such as mediation, collaborative law and negotiation, which allow parties to keep full control and decisive power over their business disputes.
What real estate attorneys can learn from mediators and vice versa - Mediation Committee newsletter, June 2015
Mediators and real estate attorneys each possess and apply unique skills and unique toolkits in their daily practice. This panel explored how they can learn from each other. Areas discussed included negotiation skills, persuasive skills and techniques to overcome deadlock situations, bridging cultural differences and avoiding and preventing disputes. The panel worked in an interactive way and applied practical examples and case studies.
Mediation roundtable series II (Nigeria) - Mediation Committee newsletter article, June 2015
The International Bar Association (IBA) Mediation Committee has the principal objectives of enhancing interaction between members and promoting mediation as a tool for dispute resolution.
Mediation as an alternative method to resolve intellectual property disputes - Mediation Committee newsletter article, June 2015
In many intellectual property cases, mediation is a highly effective mechanism to resolve disputes and avoid high litigation fees and significant damage to reputation which affects the image of a business in the market place. Jane Player, of King & Spalding, and Thomas Legler, of Python & Peter, discussed the pros and cons of IP mediation with experienced mediators and users from the industry.
Future of mediation in criminal jurisprudence - Mediation Committee newsletter article, June 2015
In today’s world, victims are increasingly looking for something substantial that will punish the accused and compensate the victim. As it is said, ‘an eye for an eye will make the whole world blind’. Justice today seems to mean not only getting back at the accused and deriving satisfaction from the fact that the accused is punished with imprisonment or confinement, but also that the accused suffers in real substantial terms in order to make the accused realise that they have committed a wrong that cannot
ADR in Latin America: an overview - Mediation Committee newsletter article, June 2015
This article provides an overview of the current state of mediation in six Latin American jurisdictions: Argentina, Brazil, Chile, Colombia, Peru and Venezuela. The terms ‘mediation’ and ‘conciliation’ are used interchangeably throughout. What real estate attorneys can learn from mediators and vice versa - Mediation Committee newsletter, June 2015
E-book: Promoting Further Mediation
This e-book is split into three sections
: the first explores how to encourage uptake of mediation in nine civil law jurisdictions. The second assesses how to build on the progress already made in nine common law jurisdictions, and the third looks at working across borders. The e-book is part of the Mediation Committee’s work to promote to use of mediation globally. It is available for purchase, priced at £20 for IBA members, and £30 for non-members.
Dispute Resolution International
Dispute Resolution International is the journal of the IBA's Dispute Resolution Section. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.
E-Book: Mediation Techniques
: Patricia Barclay
The IBA is pleased to announce the launch of its first e-book entitled Mediation Techniques.