Alternative Dispute Resolution – a brief International guide
1. Is mediation mandatory for any type of claim in your country before commencing arbitration or litigation? Can the court or tribunal compel the parties to participate in an ADR process?
2. If it is not mandatory, are there any consequences of not agreeing to mediate? (e.g. costs consequences)
3. Is it common to include obligations to negotiate and mediate before commencing arbitration or litigation in commercial contracts? If so, are those clauses respected and enforceable?
4. Will parties frequently seek to negotiate a dispute directly without a lawyer or an independent neutral such as a mediator?
5. How are mediators selected for an appointment? Are they usually legally qualified?
6. Is the mediator purely facilitative or are they evaluative (i.e. give a recommendation on the terms upon which the dispute should be resolved)?
7. How is a mediation settlement agreement enforceable?
8. What types of ADR process are commonly used? Is a particular process popular? If so, for which types of dispute? You might consider:
b. early neutral evaluation
c. expert determination
e. med arb (ie The parties agree to mediate and agree in advance if the dispute is not resolved they will arbitrate ).
9. Should I mediate in your country? What are the pros and cons?
10. Should I arbitrate under the laws of your country? What are the pros and cons?
Maximum 250 words per numbered point. Responses please by 3 July 2015 to [email protected]
Any queries or if you wish to discuss, please telephone Rebecca Attree on ++ 44 7768 698 284