Introductory Guide

Co-Mediation In A Cross-Border Context

Co-Mediation In A Cross-Border Context

Trade between different states is taking place on a greater scale than ever before. Small and large companies are doing business across borders every day, all around the globe and many companies are established abroad. However, this is by no means new information.

Disputes arising from international business dealings can be complicated and expensive, especially if the parties come from different countries and continents. Moreover, existing business relationships can often break down while in conflict. There are of course courts and arbitrators to resolve cross-border disputes, but this is not only a very expensive and potentially destructive way of finding a solution, it is also often very time-consuming. But, this is also not news to you.

So, what can we do in order to effectively manage a cross-border dispute?

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Posted by GPC Series in ADR, Introductory Guide, Opinion
The Global Pound Conference London – The End Of The Beginning

The Global Pound Conference London – The End Of The Beginning

On October 29, 2014, 150 of us, representing many stakeholder groups from more than 20 countries, attended an important convention held in London’s beautiful Guildhall. Called ‘Shaping the Future of International Dispute Resolution’ the convention was inspired by the energetic and far-sighted Michael Leathes and was organised by the International Mediation Institute (IMI), which he pioneered and several other bodies. Read more

Posted by GPC Series in Access To Justice, ADR, Introductory Guide, LOC Coverage, Mediation
Roscoe Pound Would Be Proud – Reflections On The History Of The GPC

Roscoe Pound Would Be Proud – Reflections On The History Of The GPC

Following the final GPC Series event held in London in last week, it seems timely to go back to where it all began. History informs the present and the future and, in our excitement about the significance of this ambitious project, it is important not to overlook the contribution of the memorable life of the man whose name it bears.

Roscoe Pound (1872-1964) was a remarkable man. Whilst some scholars brand him as ‘the most famous American jurisprudential thinker of the first half of the twentieth century’ and ‘the greatest twentieth century dean of the Harvard Law School’ his is hardly the name on every lawyer’s lips. Nor did he fit the mould of your average law school Dean.

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Posted by GPC Series in Access To Justice, Ask An Expert, Introductory Guide, Mediation
The Global Pound Conference = A Global Workshop

The Global Pound Conference = A Global Workshop

I spent the past year helping organise the Florence GPC, which took place on 9 June 2017. The experience has been inspiring and even thrilling. Above all, it has changed how I think about dispute resolution.

In order to engage different stakeholders, I often found myself explain what the GPC is, what it aims to accomplish, and how it is going about its mission.  Local institutions, speakers, chairs, potential sponsors, mediators and all the people which I have spoken to have been fascinated by the initiative, but often requiring at least 20 minutes of explanation.

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Posted by GPC Series in Introductory Guide, Mediation
Evaluating Arbitrators: You Be The Judge

Evaluating Arbitrators: You Be The Judge

In 2007/8, I set up a now long-since defunct website (disputesloop.com) with the lofty aim of introducing some transparency into the appointment process of ADR neutrals. At its core, the site offered a battery of neutrals’ CVs supplemented with free-form written feedback from users. Read more

Posted by GPC Series in Introductory Guide
Are hostile mediators more effective?

Are hostile mediators more effective?

New research by Francesca Gino and Ting Zhang of Columbia Business School, along with Mike Norton of Harvard Business School, suggests that the most effective mediation style might be being partial against both parties.

The academics suggest that, contrary to the received wisdom that mediators should be neutral, attentive and empathetic, an actively hostile mediator is more likely to get a good result. They discovered that a mediator’s antagonistic and hostile treatment of both parties causes adversaries to unite against the mediator, which in turn increases the parties’ willingness and propensity to reach agreement. Read more

Posted by GPC Series in Introductory Guide
When arbitration is used and why

When arbitration is used and why

In almost all instances, arbitration must be contemplated at the contract drafting stage. Parties may, of course, agree to take a dispute to arbitration at any stage, but once a dispute has broken out, positions become polarised, and agreement is accordingly less likely.

The reasons for preferring arbitration clauses to the more usual reference to the courts – in a commercial context – boil down to the so-called “three Es”: expedition, expertise and enforcement. Read more

Posted by GPC Series in Introductory Guide
An Introduction To Construction Disputes

An Introduction To Construction Disputes

Many factors contribute to construction disputes, especially if the property is based abroad. Most projects take a long time to complete, leading to uncertainties and delays that can result in disagreements. The following factors typically create international construction disputes. Read more

Posted by GPC Series in Construction Disputes, Introductory Guide
The Mediation Process: When And Why It Is Used

The Mediation Process: When And Why It Is Used

Mediation can be successfully deployed at any point in the timeline of a dispute – either before proceedings are issued, afterwards, up to, and even during trial. It is, after all, a facilitated negotiation and represents an opportunity to settle early, reducing stress, acrimony and legal costs.

Defining mediation is arguably a futile task: in the same way we accept that ‘beauty is in the eye of the beholder’, mediation is whatever users can imagine and can agree it to be. Thus, there are many different approaches, which vary widely according to users’ needs and the demands and timing of the case.

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Posted by GPC Series in Introductory Guide
The Role Of ADR In Commercial Dispute Resolution: A Brief Overview

The Role Of ADR In Commercial Dispute Resolution: A Brief Overview

Alternative dispute resolution (ADR) has a critical role to play for in-house counsel seeking to do more with less, but it remains something of a novelty as compared to the centuries-long tradition of courtroom litigation.

While there were many international arbitrations in the nineteenth century and into the early twentieth century, they tended to be pursuant to treaties under public international law with states acting against other states on behalf of their nationals and their commercial interests. Such arbitrations tended to be between imperial powers – British, Dutch, Portuguese or Soviet – and only following the dismantling of these empires and the consequent explosion in the number of independent nation states did international arbitration become the mainstream concern it is today. Read more

Posted by GPC Series in Introductory Guide
Chart Of Dispute Resolution Stages And Steps

Chart Of Dispute Resolution Stages And Steps

Today, because of the flexibility, adaptability and versatility of ADR, Users of dispute resolution processes have available to them a wide variety of techniques that can be used to prevent, control and resolve disputes. New techniques are constantly being developed to deal with the wide variety of potential disputes that can occur in any kind of relationship, and at any stage in the development or escalation of a problem or dispute.

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Posted by GPC Series in Introductory Guide
Choosing the Right Tools

Choosing the Right Tools

A short guide to the different forms of dispute resolution.

International dispute resolution (and dispute prevention) tools provide an alternative or a supplement to litigation within national legal systems which are sometimes perceived as biased in favour of the “local” party. Because of its international focus, adaptability, alternative dispute resolution (ADR) provides the flexibility and intercultural sensitivity that is needed to bring together parties from diverse cultures who may have differing expectations about laws and legal practice. In contrast to litigation, ADR also provides confidentiality, which can be important in business settings. ADR clauses are often included in cross-border transactions.

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Posted by GPC Series in Introductory Guide, Negotiation