An event organized by the Young Members Group of CIArb named “Arbitration & Mediation at a Crossroads” enabled us to reflect on the positioning of mediation within the spectrum of dispute resolution methods.
The usual processes for dispute resolution are either fast (negotiated solutions, mediation, etc.) or binding (court proceedings and arbitration). Statutory adjudication and dispute boards are only available in particular circumstances. Can we bridge the gap and achieve fast & binding dispute resolution?
In the arbitration clause of a contract, the contracting parties can choose whether the arbitral tribunal shall rule strictly as per the law or as “amiable compositeur”. This article analyses the advantages and disadvantages of the chosen option.
This post contains an interesting reflection on (i) whether it is enough for a mediator to be trained in the skills and techniques of mediation and then mediate any type of dispute or (ii) whether possession of subject matter expertise is of benefit to the parties. The author of the article, Martin Burns, clearly prefers the second option. We let you read this post and make or confirm your own opinion; you can even provide it as commentary below this post.
Arbitration is becoming more efficient and transparent and less expensive thanks to recent revisions to the ICC Rules of Arbitration. The ICC Court has introduced rules for expedited arbitration procedures for small claims. Read the article for more information.