settlement

Facilitating Settlement – The Changing Role Of The Arbitrator

One of the most valuable aspects of the GPC is the rich amount of data it accumulates. A recently published article in the Fordham International Law Journal analyses the data of the 2016 GPCs in terms of the parties’ interest in collaborative dispute resolution methods within adversarial proceedings. Klaus Peter Berger and J. Ole Jensen suggest the facilitation of settlement between the parties within arbitral proceedings as an important means of maintaining and increasing the attractiveness of international arbitration.

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Posted by GPC Series in GPC
Avoiding The Litigation Spiral

Avoiding The Litigation Spiral

Fisher and Ury’s ‘Getting To Yes‘ in 1981 was influential because it changed our prevailing attitudes from time-honored positional bargaining towards a more 21st Century interest-based negotiation. Thirty years later, Professor John Lande at the University of Missouri School of Law presented another important philosophical approach to dispute resolution in his book ‘Lawyering with Planned Early Negotiation’ (2011), which is directed at external counsellors.

He directly challenges the default approach to dispute resolution, which he calls litigation as usual” or LAU. Professor Lande points to the paradox of the “vanishing trial“, that despite LAU, only about 10% of cases in state courts and about 2% of cases in the federal courts actually get to a full-blown trial. Almost all are settled. The problem is that the 90% or 98% that settle are mainly resolved very late in the litigation life cycle, after most of the time and cost consumed in litigating have been spent.

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Posted by GPC Series in GPC, News
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 GPC, Introductory Guide